JUDGMENT :

Dipak Misra, J.—The seminal issue that has emerged for consideration in these appeals is whether the High Court in exercise of jurisdiction under Article 227 of the Constitution of India is justified in quashing the order dated 14.08.2015 passed by the Principal Sessions Judge, Kheda at Nadiad in Criminal Miscellaneous Application No. 545 of 2015 arising from the Sessions Case No. 291 of 2003 instituted for the offences punishable under Sections 147, 148, 149, 364A, 120B, 447, 342 and 506(2) of the Indian Penal Code (IPC) and further directing the learned Principal Sessions Judge to transfer the Sessions Case to any other court of the learned Additional Sessions Judge in the same Sessions Division from the court of the 3rd Additional Sessions Judge, Kheda.

2. Be it stated at the beginning, the High Court has posed two questions – one of which pertains to exercise of power under sub-section (1) of Section 408 of the Code of Criminal Procedure, 1973 (CrPC) by the Sessions Judge to transfer a case from one Additional Sessions Judge to any other Additional Sessions Judge in his Sessions Division after commencement of the trial, and the other, whether the case deserves to be