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1960 Supreme(Guj) 39

V.B.RAJU
DINKERRAY RUGANATH MEHTA – Appellant
Versus
STATE – Respondent


Advocates Appeared: H.K.THAKORE, K.N.MANKAD

V. B. RAJU, J.

( 1 ) THIS is an application for transfer of Special Case No. 1 of 1960 from of the Special Judge having that case to the file of Special Judge Rajkot.

( 2 ) UNDER sec. 526 (1) (e) Criminal Procedure Code the High Court may for the reasons stated in that section order (1) that any offence be inquired into or tried by any Court not empowered under sec. 177 to 184 (both inclusive) but in other respects competent to inquire into or try such offences; (2) that any particular case or appeal or class of cases or appeals be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; (3) that any particular case or appeal be transferred to and tried before itself; or (4) that an accused person be committed for trial to itself or to a Court of Session. Where the order is passed under cl. (i) of sub-sec. (e) or cl. (ii) of sub-sec. . (e) of sec. 526 (i) Criminal Procedure Code a case can be transferred to a Court which has jurisdiction to hear such case. In the case of offences mentioned in sec. 6 of the Criminal Law (Amendment) Act it is only Special Judges who have jurisdiction. Sec. 6 of the Criminal Law



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