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
Court adjourns the case. Sub-section (3) of Section 143 envisages that the trial under this section shall be conducted as expeditiously as possible ... section (1) of Section 397 is prohibited by Sub-section (3) thereof, inherent power of the High Court is still available under Section
rejection of an application to sue in forma pauperis under Section 405 or Section 407 falls under the same general category of adjudications ... terms:
The Court has powers under Section 622, Civil Procedure Code, to revise an order passed under Section 407, Civil Procedure Code, rejecting an application
Sessions Judge or Magistrate making an order under section 408, section 409, section 410 or section 411 shall record his reasons for making ... section (1C) of Section 528 (of the old Code). The new Code has split Section 528 into Section 408 [old Section 528 (1C)] and Section
been vested with the Sessions Court under Section 408 of Cr.P.C. Sub-section (3) of Section 408 of Cr.P.C. reads ... above provision would go to show that sub- sections 1 and 2 of Section 407 of Cr.P.C. are not applicable to the Court
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
before the Magistrates Court to the Sessions Court under Section 408(1) read with Section 407(1)(iii) of Cr.P.C. Therefore, in Santhosh ... 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
