TaxTMI 
TaxTMI 
2013 (1) TMI 58
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....emo No.1­A/Court. Setup­103/2001­1111/J, whereby Court of Special Judge, C.B.I. (A.H.D.)/Additional Judicial Commissioner was authorised to try the cases under Foreign Exchange Management Act (FEMA). To understand the controversy, few facts are required to be narrated. A complaint case being FERA Case No.02 of 2002 was filed initially in the Court of Chief Judicial Magistrate, Ranchi. Director of Enforcement vide letter dated 25th January 2002 requested the State Government to authorise the Special Courts of Ranchi hearing the fodder Scam cases to hear the cases under FERA Act also. State Government has sought opinion of this Court vide letter dated 2nd March 2002 as to whether Special Court hearing the Fodder Scam cases can ....
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..... Judgments, upholding the cognizance order dated 31.05.2002 were not challenged before the Supreme Court and have attained finality. Thereafter, petitioners have approached this Court by way of present writ petition challenging the notification dated 17.05.2002 issued by the State Government on the ground that State Government has absolutely no jurisdiction to autharise Special Judge to try cases under FERA Act 1973. I have heard learned counsel for the parties and carefully perused the records. Mr. Anil Kumar, learned counsel for the petitioner has vehemently argued that cognizance on the Criminal Cases under FERA Act 1973 could be taken by the Competent Area Judicial Magistrate. He has further argued that there was....
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....ction 407 Cr.P.C. reads as under: "407. Power of High Court to transfer cases and appeals.­ (1) Whenever it is made to appear to the High Court­ (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or (b) that some question of law of unusual difficulty is likely to arise; or (c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may order­ (i) that any offence be inquired into or tried by any Court not qualified under sections 177 to 185 (both inclusive), but in other respects competent to inqu....
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.... shall be made on the merits of the application unless at least twenty­ four hours have elapsed between the giving of such notice and the hearing of the application. (6) Where the application is for the transfer of a case or appeal from any subordinate Court, the High Court may, if it is satisfied that it is necessary so to do in the interests of justice, order that, pending the disposal of the application, the proceedings in the subordinate Court shall be stayed, on such terms as the High Court may think fit to impose: Provided that such stay shall not affect the subordinate Court's power of remand under section 309. (7) Where an application for an order under sub­section (1) is dismissed, the High Cou....
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....ising therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being inforce, and shall require the previous approval of the Governor. (4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces. 235. Control over subordinate courts.­ The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district ju....