Order Of Sessions Judge To Transfer Case Not Appealable U/S 407 CrPC: Patna High Court

“Accordingly, in my opinion, the impugned order cannot be challenged under Section 407 of the Code of Criminal Procedure, 1973, and the petitioner has remedy before the appropriate forum under the relevant provision of law prescribed under the Code of Criminal Procedure, 1973,” Justice Sinha added.

The case in question involved the petitioner, who was an accused, had filed an application under Section 407 CrPC for setting aside the order transferring records of the Sessions Trial from 2nd Additional Sessions Judge to 1st Additional Sessions Judge, Bhagalpur, at the instance of the informant.

The court highlighted Section 408 of the CrPC, emphasizing that it deals with the power of the Sessions Judge to transfer cases and appeals within its sessions division when it is deemed expedient for the ends of justice. Importantly, it was also highlighted that orders passed under Section 408 of the CrPC are not subject to appeal.

The Court then elucidated that Section 407 of the CrPC grants the High Court the authority to transfer cases or appeals. According to the statutory provision, the Sessions Judge is empowered to transfer cases or appeals within the same sessions division, while the High Court has jurisdiction to transfer them from one sessions division to another.

Furthermore, the court drew attention to the proviso to Section 407(2) of the CrPC, which specifies that an application for transferring a case from one Criminal Court to another within the same sessions division can only be made to the High Court if it has been previously submitted to the Sessions Judge and rejected by the latter.

Crucially, the court noted that the petitioner was not seeking the transfer of the trial but rather challenging the order issued under Section 408 of the CrPC by the Sessions Judge in Bhagalpur. This order had led to the transfer of Sessions Trial No. 82 of 2020 within the same sessions division, from Naugachia to Bhagalpur.

In light of this judgment, the application filed under Section 407 of the CrPC was deemed not maintainable, resulting in the dismissal of the writ application. The petitioner has been granted the liberty to approach the relevant forum to challenge the order pertaining to the transfer of Sessions Trial No. 82 of 2020.

Counsel/s For the Petitioner/s: Mr. Jitendra Singh, Sr. Adv. Mr.Vikram Singh

Counsel/s For the State: Mr.Binod Kumar

Counsel/s For the O. P. No. 2: Mr. Umesh Prasad Singh, Sr. Adv. Mr. Rajni Kant Singh Mr. Vaibhav Veer Shankar

LL Citation: 2023 LiveLaw (Pat) 114

Case Title: Prushotam Yadav @ Chotu Vs. The State Of Bihar And Anr

Case No: Criminal Miscellaneous No.43381 Of 2023

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