ORDER :

1. This Transfer Criminal Miscellaneous Petition is filed by the petitioners under Section 407 of the Criminal Procedure Code, 1973 (hereinafter referred to as ‘Code’ for the purpose of convenience) praying for the transfer of S.C. No. 407/2001 on the file of VI Additional Sessions Judge, Anantapur to the Court of the Additional Assistant Sessions Judge, Anantapur, and pass such other suitable orders.

2. It is stated that a charge-sheet was filed against the petitioners for offences punishable under Sections 143, 448, 354, 379 read with Section 149 I.P.C. and the case was committed to the Court of sessions and the same was numbered as S.C. No. 407/2001 on the file of Additional Assistant Sessions Judge, Anantapur, and the charges also were framed and thereafter on 6-1-2003 this case was transferred to the Court of VI Additional Sessions Judge (Fast Track Court), Anantapur for trial.

3. It is stated that except Section 354 I.P.C. all other offences are triable by the Magistrate of First Class. It is also stated that if the Additional Sessions Judge tries the case, the remedy to approach the Court of Session would be lost by the petitioners. Section 407 of the Code dealing with Power of High Court to transfer cases and appeals reads as hereunder:—

(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 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 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 causes 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 initiate:

Provided that no application shall lie to the High Court for transferring a case from the 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 affidavit or affirmation.

(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 applications unless at least twenty-four 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 or 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 thing fit to impose:

Provided that such stay shall not affect the Subordinate Court's power of remand under Section 309.

(7) When an application for an order under sub-section (1) is dismissed, the High Court may, if it is of opinion