obstante clause in Section 11 .
23. In paragraph 34, Mukharji, J. stated that Sections 406 and 407 were
covered ... obstante clause in Section 7(1) . This would mean that
the High Court under Section 407 could not transfer a case to itself as
provided
section (1) as they apply in relation to an application to the High Court for an order under Sub-section (1) of Section 407, except ... separate criminal courts for the purpose of proviso to Sub-section (2) of Section 407 and Section 408 of the Cr.P.C. To quote
petitioner herein.
2. Criminal Transfer Petition 45/2014, under Section 407 read with
Section 482 Cr.P.C., has been preferred by the petitioner Sudhir ... decisions. He submits
that the expression 'cases' used in Section 407 Cr.PC., includes the cases
pending at the stage of inquiry
Government under Section 197."
It is thus to be seen that the High Court could only exercise
power under Section 407 provided the Special ... points out that the Section provides that all prosecutions in respect
of offences referred to in Sub-section (2) of Section
powers given to the Supreme court under Section 406 and the High court under Section 407 Cr.P.C are not in any way curtailed ... under sub-section (4) of section 197 of Cr.P.C shall take away the power of the High court under section 407
comparing the provision of
Section 24 of the Code of Civil Procedure with the provision of
Section 407 of the Code of Criminal Procedure ... this Section shall be deemed to affect any
order of Government under Section 197 ."
7. On perusal of the provision of Section 407
Saxena, J.
1. This petition has been filed under Section 482 read with Section 407(1) Cr.P.C. for recalling this Court ... Under Section 304B I.P.C. On 8.9.1994, accused Rajeev Joshi submitted a petition Under Section 482 Cr.P.C. read with Section 407
transfer petition, also submitted an affidavit, as
mandated under sub-section (3) of Section 407 Cr.P.C.
21. This Court is also conscious ... Court to another, in view of the provisions of
Sections 402 and Section 407 of the Cr.P.C., as the Court
adjudicating can have
circumstances as envisaged
therein. The 'proviso' to sub-section (2) of Section 407 Cr.P.C.,
clearly stipulates that, no such petition ... said stipulation under the 'proviso' to sub-section
(2) of Section 407 Cr.P.C., insisting to file necessary proceedings
before the concerned
this section shall be deemed to
affect any order of Government under section
197.
A bare perusal of above quoted Section 407 ... four corners
of clause (a) & (b) of sub-sec.(1) of Section 407. If
the case of the State is examined in the light
