1981 (7) TMI 251

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....perintendent of Police, Alleppey, The stand taken in the application is that for the general convenience of the parties, witnesses and Ors. who have to attend the trial the case should be transferred to the Sessions Court Alleppey. One of the reasons alleged is that there is not enough accommodation facilities at Mavelikkara and this will result in great inconvenience especially to the witnesses from outside the State numbering 59. 2. Respondents 1, 3 and 4 have filed counter-affidavits. These accused have opposed the transfer on various grounds. 3. The learned Additional Advocate General appearing for the State contended that this Court can order a transfer of the case to the Sessions Court, Alleppey or to any other Sessions Court if....

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.... (1) Whenever It is made to appear to the High Court- (a) that a fair and impartial injury 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 - 185 (both inclusive), but in other respects competent to inquire into or try such offence; (ii) that any particular case or appeal, or class of cases or appeals, ....

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.... case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge. (3) . . . For the transfer of a case pending in a court an application for transfer has to be filed in a Court of superior jurisdiction. In other words, a Court has power only to transfer a case pending in a Court subordinate to it. An Additional Sessions Court and a Sessions Court are Courts of equal jurisdiction. Hence the power under Section 408 of the Code cannot be invoked for the transfer of a Sessions Case from an Additional Sessions Court to a Sessions Court. This is also clear from Section 409 which empowers the Sessions Judge to re....

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....Sessions Case to a Sessions Court which has no local jurisdiction to try the offence. In this case, the power is exercised on the application of a party interested and the request in the application is for a transfer to the Sessions Court, Alleppey. So, on this application if a transfer is to be ordered it can only be to the Sessions Court, Alleppey. Suo motu powers cannot be exercised when the power has been invoked by an application. 5. It was pointed out by the counsel for the accused that if the trial is to be at Alleppey the accused will be put to the difficulty of covering all the distance from the Sub Jail to the Court by foot. I direct the Police that the accused should be taken to court and back to Sub Jail only in vehicles. It ....