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Judgment
9 paragraphs · 596 words(1) This is an application for transfer of Special Case No. 1 of 1960 from file of the Special Judge having that case to the file of Special Judge, Rajkot.
(2) Under S. 526(1) (e) Cr. P. C., the High Court may, for the reasons stated in that section, order (1) that any offence be inquired into or tried by any Court not empowered under Ss. 177 to 184 (both inclusive), but in other respects competent to inquire into or try such offence; (2) that any particular case or appeal or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction: (3) that any particular case or appeal be transferred to and tried before itself; or (4) that an accused person be committed for trial to itself or to a Court of Session. Where the order is passed under clause (i) of sub-section (e) or clause (ii) of sub-section (e) of S. 526 (1), Cr. P. C. a case can be transferred to a Court which has jurisdiction to hear such case. In the case of offences mentioned in S. 6 of the Criminal Law Amendment Act, it is only Special Judges who have jurisdiction. Section 6 of the Criminal Law Amendment Act reads as follows:-
"The State Government may, be notification in the official Gazette, appoint as many Special Judges as may be necessary for such area of areas as may be specified in the notification to try the following offences, namely:-
(a) an offence punishable under S. 161, S. 162, S. 163, S. 164, S. 165 or S. 165A of the I. P. C. (Act XLV of 1860), or sub-section (2) of S. 5 of the Prevention of Corruption Act, 1947 (II of 1947):
(b) any conspiracy to commit or any attempt to commit or any abatement of any of the offences specified in clause (a).
.............;
Special judges are appointed for an area or areas specified in the notification of the State Government. A Special Judge appointed for one area cannot try such an offence in another area. The disqualification to try such an offence in another area does not spring from Ss. 177 to 184 of the Cr. P. C. If the incompetence of a person to try a case was merely due to Ss. 177 to 184, Cr. P. C., the case could nevertheless be transferred to him in view of S. 526 (1), Cr. P. C., but if incompetence of a Judge to try a case was due to S. 6 of the Criminal Law Amendment Act, S. 526(1), Cr. P. C., does not have the effect of removing that incompetent. A case like the present one can be transferred from one Special Judge to another only if the latter is competent to try the case as provided in S. 6 of the Criminal Law (Amendment) Act, in other words, if he is a Special Judge for the area in question. The Special Judge of Rajnor has therefore no jurisdiction to try a special case arising out of the area of Kutch, unless he is appointed a Special Judge for the area of Kutch to the file of the Special Judge of Rajkot can only be considered after the State Government appoints the Special Judge of Rajkot as a Special Judge for Kutch where the offence is alleged to have taken place. Unless this is done the High Court cannot pass an order of transfer.
(3) The application is therefore rejected.
(4) Application rejected.