- (1.) The sole question which determines these appeals is whether the High Court can transfer a case pending in the Court of a Magistrate to the Court of Additional Sessions Judge.
(2.) It is urged for the appellant, who had actually moved for the transfer of the case, that the High Court has no such power. The respondents contend that the High Court has such power.
(3.) Chapter XLIV of the Code of Criminal Procedure, hereinafter called the Code, deals with transfer of criminal cases. Section 526, in that Chapter, empowers the High Court to pass the following orders whenever it is made to appear to the High Court that the requirements of either of clauses (a) to (e) of sub-s. (1) thereof exists: "(i) that any offence be inquired into or tried by any Court not empowered under Ss. 177 to 184 (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 or appeal be transferred to and tried before itself; or (iv) that an accused person be committed for trial to itself or to a Court of Session." The language of clause (ii) is wide enough to provide for an order transferring a case from the Court of a Magistrate to a Court of Session as both the Courts are subordinate to the High Court and the Court of Session is a Court superior in jurisdiction to that of a Magistrate.;