Special Appeal Maintainable If Single Judge's Order Relates To Authority Acting Without Statutory Appellate Jurisdiction: Allahabad High Court Recall Of Witness For Cross-Examination Permissible On Newly Framed Issue Post-Remand Even If Disposal Timeline Is Fixed: Karnataka High Court Litigant Cannot Overcome Law Of Limitation By Shifting Blame On Counsel Through Inconsistent Stands: Madras High Court Cross-Cases Cannot Be Clubbed If Co-Accused In Complaint Case Is Absconding & Complainant Delayed Process: Allahabad High Court Cross-Cases Cannot Be Clubbed If Co-Accused In Complaint Case Is Absconding & Complainant Delayed Process: Allahabad High Court Preventive Detention Not Warranted If Person Can Be Dealt With Under Ordinary Laws; No Effort To Arrest In Pending Cases: Supreme Court Accused Languishing In Jail For 9 Years Deserves Bail; Right To Speedy Trial Under Article 21 Violated: Supreme Court Election Disputes Must Be Resolved Expeditiously; Long Stays Render Adjudication A Mockery Of Justice: Madras High Court Delhi High Court Suspends LOC, Permits Businessman To Travel Abroad For Healthcare Conferences; Cites Roots In Society & Past Compliance Section 138 NI Act Complaint Not Maintainable By Third Party Who Is Neither Payee Nor Holder In Due Course: Allahabad High Court Writ Petition Cannot Be Dismissed On ‘Forum Non Conveniens’ If Respondent's Office Is Within Court's Jurisdiction: Supreme Court Supreme Court Doubts 'Sajjan Singh' Ruling; Refers To Larger Bench Whether Third Judge Can Re-examine Unanimous Findings Under Section 392 CrPC SARFAESI Sale Vitiated If Balance 75% Bid Amount Is Paid Beyond 15 Days Without Written Extension Agreement: Supreme Court Delhi High Court Can't Refuse Writ Petition Against BSF Dismissal Merely Because Cause Of Action Arose Outside Delhi: Supreme Court Private Rights Must Yield To Public Interest: Andhra Pradesh High Court Directs Removal Of Encroachments On Public Road Review Jurisdiction Cannot Be Invoked To Re-Agitate Factual Disputes Or Seek Re-Hearing On Merits: Allahabad High Court Recovery Under Section 27 Evidence Act Vitiated If Police Already Present At Spot Before Arrival Of Panch Witnesses: Bombay High Court Mere Non-Compliance Or Delay In Procedure Under Section 52A NDPS Act Is An Irregularity, Not An Illegality Entitling Accused To Bail: Calcutta High Court Recovery Of Weapon Used In Commission Of Offence Not A Sine Qua Non For Conviction If Ocular Evidence Is Corroborated: Allahabad High Court Seized Vehicles Shouldn't Be Kept Idle To Rot In Police Stations, Utility Vanishes Due To Stagnation: Karnataka High Court Or 39 CPC | Trial Court Erred In Dismissing Injunction Application Despite Respondent's 'No Objection' To Restraining Share Transfer: Gauhati High Court Issuing NBW Merely For Absence Of Accused Already On Bail Is Improper; Liberty Cannot Be Dealt With Lightly: Orissa High Court 138 NI | Expert Examination Of Disputed Documents Essential For Just Adjudication If Complainant Denies Handwriting & Signatures: Rajasthan High Court Order 41 Rule 27 CPC Cannot Be Invoked To Fill Lacunae In Evidence If Party Voluntarily Closed Evidence In Trial Court: Delhi High Court

"Court Dismisses Petitioner's Case as 'Not Maintainable'; Highlights Alternative Remedies under CrPC"

07 May 2024 8:19 AM

By: Admin


In a significant legal development, the Honourable Mr. Justice Anil Kumar Sinha, while hearing a transfer case, dismissed the petitioner's writ application. In his order dated September 4, 2023, Justice Sinha emphasized that the petitioner's challenge to the transfer order was "not maintainable" under Section 407 of the Code of Criminal Procedure, 1973.

The judge observed, "Alternative remedies are available under different provisions of the Code of Criminal Procedure, 1973," thereby pointing the petitioner towards other available legal avenues for seeking redress. The observation was made in paragraphs 12 and 13 of the judgment.

The case originated from a controversial transfer of Sessions Trial No. 82 of 2020 from the 2nd Additional Sessions Judge, Naugachia SubDivision, Bhagalpur, to the 1st Additional Sessions Judge, Bhagalpur. The petitioner argued that the transfer was conducted without providing any notice and even cited previous instances where similar petitions were dismissed.

The judgment referred to previous cases including "Nirmal Singh v. State of Haryana" and "State of Punjab v. Divinder Pal Singh Bhullar," underlining the court's lack of jurisdiction to review its previous decisions under Section 362 of the Code of Criminal Procedure, 1973.

Following the dismissal, the petitioner has been given liberty to approach the appropriate forum to challenge the transfer order, as per paragraphs 14 and 16 of the judgment.

Mr. Jitendra Singh, Senior Advocate for the petitioner, expressed disappointment but acknowledged the judge's directions for alternative remedies. On the other side, Mr. Binod Kumar, representing the State, termed the judgment as an "important clarification on the maintainability of applications under Section 407 of the Code of Criminal Procedure."

Date of Decision: 04-09-2023

PRUSHOTAM YADAV @ CHOTU vs THE STATE OF BIHAR

Latest Legal News