( 1 ) THE petitioner was facing a trial before Mr. T. S. Oberoi, Addl. Sessions Judge, Delhi. The learned Additional Sessions Judge framed charges and adjourned the case for recording of the prosecution evidence. Two more cases were pending against him in the court of Mr. R. C, Jain, Addl. Sessions Judge. The case which was pending before Mr Oberoi was transferred by the learned Sessions Judge by his order dated 4-1-1982 to the court of Mr. R. C. Jain. The petitioner made an application to the learned Sessions Judge that in the face of section 499 the case pending in the court of one Additional Sessions Judge could not be transferred to the court of another Addl. Sessions Judge because the trial had already begun. Relying upon my decision in Suresh Kumar v. State and others, 1981 Cri. L. J. 928, the learned Session Judge rejected the application on 16-11-1982 stating that the transfer was ordered under section 408 and not under section 409 Criminal Procedure Code. This order is under challenge in this petition. It is also requested that this court may direct retransfer under section 407 Criminal Procedure Code. In fact, this is a petition for reconsideration of the d