Nafr High Court
Case Details
1 2025:CGHC:12369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 7 of 2025 In The Matter Of Transfer Petition (Criminal) State Of Chhattisgarh Through Ps Saja, Distt. Bemetara Chhattisgarh Nawab Khan And Others versus ... Petitioner ... Respondent(s) For Petitioner(s) : None For Respondent(s) : None
Legal Reasoning
Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/03/2025 1. This is an ofÏce reference. 2. This ofÏce reference has been registered on the basis of a PUD sent by the 1st Additional District & Sessions Judge, Bemetara, dated 18.02.2025 wherein it is stated that in a case bearing Sessions Case No. 20/2023, bearing Crime No. 87/2023, (State v. Nawab Khan & Others) pending before the said Court, charges had been framed against 12 accused persons and the case was fixed for prosecution evidence, but due to non- appearance of the witnesses, the case was listed for number of times but no witness have been examined. In the meanwhile, the said Court has 2
Decision
disposed of an application filed by the CBI wherein a prayer was made that the trial of the said case may not be proceeded till completion of the further investigation by the CBI and considering the said prayer, the matter has been adjourned from time to time awaiting further report. 3. On 26.09.2024, the CBI moved an application for acceptance of supplementary challan and vide order dated 10.10.2024, considering the fact that since a regular case RCC No. 050204S0004 had already been registered by the CBI in view of taking over further investigation in FIR No. 87/2023, the said Court deemed it appropriate to direct the CBI to file supplementary charge sheet before the competent Court of law instead of filing before it as the said Court was having no jurisdiction to deal with the cases investigated by CBI, especially when a special Court of CBI to deal with the specific type of the cases exists in the State of Chhattisgarh. On 16.01.2025, the CBI has moved an application for transfer of the original records of Sessions Case No. 20/2023 to the learned Special Magistrate, CBI, Raipur. 4. It has been prayed vide the aforesaid PUD that the case i.e. Sessions Case No. 20/2023, pending before the Court of 1st Additional District & Sessions Judge, Bemetara, be transferred to the Court of learned Special Magistrate, CBI, Raipur in view of Section 407 of the Cr.P.C. 5. Section 407(2) of the Cr.P.C. {Now Section 447 of the Bhartiya Nagrik Suraksha Sanhita, 2023} 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 difÏculty is likely to arise, or 3 (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 inquire into or try such offence; (ii) that any particular case or appeal, or class of cases or appeals, be transferred from a criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; (iii) that any particular case be committed for trial to a Court of Session; or (iv) that any particular case or appeal be transferred to and tried before itself. (2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative: Provided that no application shall lie to the High Court for transferring a case from one criminal Court to another criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him. (3) Every application for an order under sub-section (1) shall be made by motion, which shall, except when the applicant is the Advocate-General of the State, be supported by afÏdavit or afÏrmation. (4) When such application is made by an accused person, the High Court may direct him to execute a bond, with or without sureties, for the payment of any compensation which the High Court may award under Sub-Section (7). (5) Every accused person making such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unless at least-twenty-four 4 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 of 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 sub-section (1) is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider proper in the circumstances of the case. (8) When the High Court orders under Sub-Section (1) that a case be transferred from any Court for trial before itself, it shall observe in such trial the same procedure which that Court would have observed if the case had not been so transferred. (9) Nothing in this section shall be deemed to affect any order of Government under section 197.” 6. Since the investigation of FIR No. 87/2023 registered at Police Station, Saja, District Bemetara, has been taken over by the CBI and a supplementary charge sheet has already been filed before the learned Special Magistrate, CBI, Raipur, and the said Court has directed the CBI to produce the original challan before it, and since some more persons have been arrayed as accused in the supplementary charge sheet, it would be better that the case i.e. Sessions Case No. 20/2023 is tried by the learned Special Court, CBI, Raipur. In view of the provisions of Section 407 of the Cr.P.C., this Court deems it appropriate to transfer the 5 Sessions Case No. 20/2023 pending in the Court of 1st Additional District & Sessions Judge, Bemetara to the learned Special Judge, (CBI) Raipur. It is ordered accordingly. 7. Consequently, this petition stands allowed. Sd/- (Ramesh Sinha) CHIEF JUSTICE Raj / Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.03.12 19:21:40 +0530