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
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
Provided that nothing contained in this section shall affect the
powers of the High Court under section 407 of the Code of
Criminal Procedure ... Special Court and
that this was notwithstanding anything contained in Section 406
and Section 407 of the Code. This is what was said in this
High Court without following the procedure laid
down under Section 407 of the Cr.P.C., and impugned orders of transfer of
cases were therefore ... Special Court and
that this was notwithstanding anything contained in Section 406 and Section
407 of the Code. This is what was said in this
which are as under:
1. FIR No.783/97 under Sections
407 / 379 / 411 / 120 IPC, PS Okhla
Industrial Area ... under Sections
407 / 379 / 411 / 120 IPC, PS Okhla
Industrial Area.
3. FIR No.804/97 under Sections
407 / 379 / 411 / 120 IPC, PS Okhla
Patna stands dismissed. The Appellant
herein was convicted under Section 407, 420, 465,
Signature Not Verified 471 of Indian Penal Code , 1860 (hereinafter referred
Digitally ... default
stipulations in following manner: -
Provision Imprisonment Fine In Default
Section 407 5 years RI Rs. 25,000/- 6 Months SI
Section 420 5 years
accused in this case.
10. Mr. Jethmalani referred to Section 407 of the Code which
reads as under:
"407. Power of High Court ... section shall be deemed to affect any
order of Government under section 197 ."
11. Mr. Jethmalani further submitted that power under Section
407
complaint" is defined in Section 407 , which reads as follows :
"407. For the purposes of section 406 , cause of complaint shall be deemed ... served."
According to clauses (a), (b) and (c) of Section 407 , the cause of
complaint arises when the complaint against the assessment/enhancement/
determination
learned Judges that there was no order
of transfer under Sec. 407 Cr.P.C. transferring this case
viz. Sessions Case ... sessions trial
was transferred by orders of the High Court under Sec. 407
but it appears that the learned Judges did not direct
Sonepat had
no jurisdiction to deal with an application made under
Section 407 Cr.P.C. It was also submitted that the order
was passed ... Judge should not have entertained it as an
application made under Section 407 Cr.P.C. when it was not
presented in the prescribed manner
