Supreme Court · 2016 INSC 30 · Decided 8 January 2016
Usmanganjadambhaivahora v. State of Gujarat & ANR.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 30 · [2016] 1 S.C.R. 56
- Case number
- CRIMINAL APPEAL No. 1592/2015
- Decided
- 8 January 2016
- Bench
- DIPAK MISRA, PRAFULLA C. PANT (2-judge bench)
- Case type
- Criminal
- Acts & sections cited
- IPC Section 147, 148, 149, 364A, 120B, 447, 342, 506(2); CrPC Section 319, 408; Constitution Article 227
Headnote
Code of Criminal Procedure. 1973 - s. 408 - Power of Sessions Judge to transfer cases and appeals - Application uls. 408 to transfer the matter from the court where trial was pending to the court of another Sessions Judge - Rejected by Principal Sessions Judge holding that once the trial no jurisdiction to transfer the case - In appeal, High Court directed the Principal Sessions Judge to transfer the case to any other Sessions Judge - Sustainability of·- Held: Not sustainable - Solely because accused filed an application for transfer. the judge is not required to express
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