JUSTICE S. MURALIDHAR
ORDER
12.11.2014
1. This is a petition under Section 407 read with Section 482 of the Code
of Criminal Procedure ... interest of justice for this Court to
exercise its powers under Section 407 Cr PC to transfer the cases.
Section 407
under Section 427 of the
3
Indian Penal Code and under Sections 150 / 151 of the Indian Railways Act and
under Sections ... invoking Sections 401 and 482 of the Code of Criminal
Procedure read with Section 407 of the Code, the C.B.I. moved this application
within the meaning of this section and an appeal against the conviction lies, therefore, under Section. 407; Cr. P. C.
3. The case ... sentence or order under Section 22 is no longer good law, as a person so sentenced would come within Section 407
Sessions Judge, Merta framed the charges under Section 302 and in alternative under Sections 304 / 34 , 407 , 201 and 379 , IPC. The accused denied ... discussion, the conviction of the appellants under Section 302 / 34 , IPC as well as under Section 407 , IPC cannot be sustained.
23. Consequently, the appeal
perused the record.
2. This is an application under Section 407 Cr.P.C. filed by applicant seeking transfer of Session Trial ... allowed to remain suspended for a long time.
13. Power under Section 407 Cr.P.C. can be exercised by this Court where
division to the Court of other division without taking recourse to Section 407 of the Code of Criminal Procedure. Learned counsel further submitted that Section ... learned counsel it is appropriate to notice the relevant provision of Section 407 of the Code of Criminal Procedure which reads as under:-
Power
Therefore, he pleads that petitions are
liable to be dismissed under Section 407 of the Code of
Criminal Procedure, 1973 (hereinafter referred ... Section 407(1)(a)
and 407(1)(b) are not pleaded. So far as Section 407(1)(c) is
concerned, the learned counsel has pleaded
Provided that nothing contained in this section shall affect the powers of
the High Court under section 407 of the Code of Criminal Procedure ... Court and that this was notwithstanding anything
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contained in Section 406 and Section 407 of the Code. This is what was
said in this
would contain.
20. Sub-section (3) of Section 12 amply clarifies that what is made
under sub-section (1) of section 12 is an application ... Court has the power to transfer under these provisions.
43. Section 24 and Section 407 are extracted for ready reference.
" Section
BENCH
A.F.R
Reserved
Court No. - 16
1. Case :- U/S 482/378/407 No. - 4253 of 2012
Applicant :- M/S Fertico Marketing ... Birshwar Nath,Anurag Kumar Singh,S.B.Pandey
2. Case :- U/S 482/378/407 No. - 4251 of 2012
Applicant :- M/S Swastic Cement Products
