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1996 Supreme(Raj) 1177

RAJENDRA SAXENA
Ram Narain – Appellant
Versus
State – Respondent


JUDGMENT

1. - Perused the office report. The petition has been filed under section 407 read with Section 482 Cr.P.C. The petitioner has not filed any transfer application before the Sessions Judge and has directly filed this petition in this Court.

2. The proviso to Sub-Section 2 of Section 407 mandates that no application shall lie in the High Court for transferring a case from one criminal court to another criminal court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.

3. Therefore, this transfer petition is legally not maintainable, which is hereby dismissed.

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