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1989 Supreme(MP) 431

B.C.VARMA, D.M.DHARMADHIKARI
SESH NARAYAN BAJPAI – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Deepak Verma, S.N.Bajpai

B. C. VARMA, J.

( 1 ) THIS petition raises a question of general importance as to scope of Section 10 (3) of the Criminal Procedure Code, 1973 and the right and jurisdiction of Sessions Judge in a given Sessions Division to transfer applications to another Additional Sessions Judge for disposal. The matter arises thus:

( 2 ) MANDLA is a Sessions Division with headquarters at Mandla. The Sessions Judge sits at Mandla where one more Additional Sessions Judge functions. Recently, an Addi. Sessions Judge has also been posted at Dindori which is a Tahsil place within the jurisdiction of Sessions Division Mandla. By office order dated 7-7-1989, the Sessions Judge, Mandla, in exercise of powers under Section 10 (3) of the Criminal Procedure Code, 1973, directed that the bail applications and also applications for grant of interim stay arising out of the cases in Revenue Tahsil Dindori shall be filed before the Additional Sessions Judge, Dindori. After those applications are heard the cases be sent to Mandla for registration. The relevant part of the order reads as under: Dindori Rajaswa Tahsil main utpann atyavashk jamanat aavedan, sthgan aadesh ka prastutikaran is nyayalay ke atirikt satr







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