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Judgment
Sanjay Dwivedi, J
Heard on the question of admission
By the instant petition, the petitioner is challenging the order dated 28.08.2023 (Annexure P/1) passed by the Sessions Judge, Sagar exercising power provided under Section 408 of Cr.P.C. and approved the transfer made by the Chief Judicial Magistrate, First Class, Sagar on an application made by the respondents wherein they have sought transfer of criminal case pending before Khurai to Sagar.
Counsel for the applicant submits that the Sessions Judge has observed in paragraph 14 of the order that the order of the Chief Judicial Magistrate was without jurisdiction but on the same time exercising power provided under Section 408(2) of Cr.P.C. approved transfer of the case and kept the same in Sagar. He submits that once the order of Chief Judicial Magistrate which was subject matter of appeal before the Sessions Court has been found without jurisdiction, the same should have been quashed and atleast opportunity of hearing should have been provided to the applicant before exercising or invoking power of Section 408(2) of Cr.P.C.
Considering the aforesaid, let notice be issued to the respondents on payment of process fee within three working days by RAD mode, returnable within four weeks.
In the meantime, further proceeding in pursuance to RCT No.69/2022 pending before Chief Judicial Magistrate, First Class, Sagar shall remain stayed till the next date of hearing.
List this matter in the week commencing 08.01.2024.