The court clarified jurisdictional powers regarding case transfers under section 410 Cr.P.C., emphasizing notice requirements in judicial proceedings.

ORDER

04.08.2025 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner as well as the learned counsel for Opposite Party Nos. 1 & 2. Perused the Application as well as the documents annexed thereto.

3. By filing the present Application under section 528 of BNSS, 2023, the Petitioner seeks to invoke the inherent power of this Court to quash the order dated 21.01.2025 under Annexure-1 passed in MIsc.Case No.08 of 2025 by the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Cuttack thereby withdrawing the case record of I.C.C.Case No.17 of 2024 from the Court of the learned J.M.F.C.-IV (Cog. Taking), Cuttack and the same has been transferred to the Court of the learned J.M.F.C.

(City), Cuttack) for disposal in accordance with law.

4. Learned counsel for the Petitioner at the outset contended that while I.C.C.Case No.17 of 2024 pending before the learned J.M.F.C.-IV (Cog.Taking), Cuttack, application was filed purportedly under section 309 Cr.P.C. At the instance of Opposite Party No.1 and the same was registered as Misc.Case No.08 of 2025. A copy of the application has also been filed along with the present application under section 528 BNSS, 2023 as Annexure-6. 5. On perusal of the said application it appears that the Opposite Party Mo.1 has filed the said application with a prayer to transfer ICC Case No.17 of 2024 from the court of the learned JMFC(IV), Cuttack to the court of the learned JMFC(City), Cuttack under section 309 Cr.P.C. While considering the aforesaid application bearing Misc.Case No.08 of 2025, learned Chief Judicial Magistrate, Cuttack passed the impugned order dated 21.02.2025 under Annexure-1.

6. Learned counsel for the Petitioner referring to the entire order sheet in Misc.Case No.08 of 2025, contended that the order sheet reveals that the said misc.case was initially registered on 10.01.2025. The order dated 15.01.2025 reveals that the same was posted for office note. On 21.01.2025 the same was heard and finally the aforesaid misc.case was disposed of with a direction to withdraw the case record of I.C.C. Case No.17 of 2024 from the court of the learned JMFC-IV (Cog.Taking), Cuttack to the court of the learned J.M.F.C.(City), Cuttack for disposal in accordance with law.

7. Learned counsel for the Petitioner in course of his argument emphasized that no notice whatsoever was given to the present Petitioner in the above noted Misc.Case No.08 of 2025. Therefore, it is alleged that the order dated 21.01.2025 is an ex-parte order. He further contended that the learned C.J.M. could not have exercised power under Section 309 Cr.P.C. in the given scenario. So far Section 309 of Cr.P.C. is concerned, it appears that the same confers power on the court to postpone or adjourn proceedings. On such ground, learned counsel for the Petitioner submitted that the order dated 21.01.2025 is absolutely illegal and arbitrary while exercising power by the learned C.J.M. in transferring the case to another court. Accordingly, it was prayed that the order dated 21.01.2025 be quashed.

8. Learned counsel for the Opposite Party No.1 on the other hand contended that although the present application has been filed challenging the order dated 21.01.2025 whereby a judicial order has been passed by the learned C.J.M., Cuttack transferring I.C.C.Case No.17 of 2024 from the court of the learned J.M.F.C.-IV, Cuttack to J.M.F.C.(City), Cuttack. He further contended that in the meantime the two case records have been transferred to the court of Miss.Nista, J.M.F.C., Cuttack. In such view of the matter, learned counsel for Opposite Party No.1 contended that the case records have been transferred on administrative ground from the court of Judicial Magistrates First Class. Since the transfer order has been passed on the administrative side, there is no scope to challenge the order dated 21.01.2025. As such the learned counsel for Opposite Party No.1 su