Raveendran, C.J.--1. The District and Sessions Judge, Raisen has forwarded a list of part-heard cases pending on the file of the Fast Track Court, Raisen, with a request to transfer them to some other Court, as the Presiding Officer of that Court has resigned from the post and no other Judicial Officer has been appointed in his place.

2. We find that there are divergent views of learned Single Judges in regard to the power of the Sessions Judge to recall and make over the cases to some other Additional Sessions Judge in such a situation. One view is that a part-heard Sessions Trial pending in the Court of an Additional Sessions Judge can be transferred to another Additional Sessions Judge in the same Sessions Division only by the High Court in exercise of powers under section 407(1) of the Code of Criminal Procedure, 1973 (for short 'the Code') and not by the Sessions Judge in exercise of powers of transfer under section 408 of the Code (vide order dated 5.3.2002 in M.Cr.C No. 1242/2002 In Ref. by District and Sessions Judge, Jabalpur). Another view is that where the Court of Additional Sessions Judge becomes Vacant, the Sessions Judge may transfer the part-heard cases to anot