Kurian Joseph, J.

Whether a Sessions Judge has power under Section 408 of the Code of Criminal Procedure, 1973 to transfer a case after commencement of trial or a part heard appeal from the court of Additional Sessions Judge to another competent court within the sessions division is the crucial and main question that arises for consideration in this case. Another important question is, whether a litigant as a matter of right can approach the Sessions Judge for invocation of power under Section 409 for withdrawing or recalling a case which is already made over to an Additional Sessions Court. And the third is whether a litigant should necessarily exhaust his remedy before the Sessions Court under Section 408 or 409 before approaching the High Court under Section 407 for the transfer. The matter has been placed before us pursuant to reference made by V. Ramkumar, J.

2. Though several questions are posed in the order, answer to the three points referred to above would cover all the issues. The reference was necessitated since according to the learned Judge, the decision in State of Kerala v. Reny George and others (1981 KLT 557) required reconsideration. It was held in the s