ORDER :

1. This petition under Section 407 of the Cr.P.C. has been preferred by the complainant/petitioner herein stating inter-alia that charge-sheet against the accused persons/respondents No. 2 to 4 herein was preferred before the Sessions Judge, Bemetara and the case was committed to the Court of Sessions by the Chief Judicial Magistrate, Bemetara on 28-6-2022 and thereafter, the Sessions Judge, Bemetara transferred the case to the Additional Sessions Judge, Bemetara on 8-7-2022, and thereafter charges were framed on 18-7-2022. However, thereafter, exercising power under Section 409(1) of the Cr.P.C. the learned Sessions Judge, withdrawn the case from the Court of 1st Additional Sessions Judge, Bemetara and proceeded to hear the matter. It has been stated that the same runs contrary to the provisions contained in sub-section (2) of Section 409 of the Cr.P.C. and therefore it is liable to be quashed.

2. Mr. Barun Kumar Chakrabarty, learned counsel appearing for the petitioner/ complainant, submits that the transfer order passed by the learned Sessions Judge on 10-8-2022 is contrary to and in teeth of the provisions contained in Section 409(2) of the Cr.P.C. therefore, it is liable