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Judgment
Notice of this application has been given to the learned Public Prosecutor, Admit.
I am of the opinion that this transfer application can be disposed of at this stage. This is an application u/s 407 Cr. PC seeking transfer of a criminal case No. 167/1989 pending trial in the court of ACJM, Neem-ka-Thana to the court of Munsif Magistrate, Srimadhopur. The only ground on which the transfer is sought is that the case relates to FIR No. 136/198 Srimadhopur and the occurence had taken place in village Dhani-Bada-Khet. Village & Post Mau and the witnesses and the accused belong to that place which is hardly at a distance of 8 Kms. from Srimadhopur whereas Neem-ka-Thana where the court of learned ACJM is situated is at a distance of 70 Kms. and the transfer of the case to Srimadhopur from Neem-ka-Thana will be convenient to both the parties.
An application was moved before the learned Sessions Judge wits dismissed the application under his order dated 18th September, 1989.
In my opinion, the Sessions Court u/s 408 Cr.PC as well as thin court u/s 407 Cr. PC has powers to transfer a case to any Magistrate who has jurisdiction to try the case, and in my opinion the transfer of case to Srimadhopur will be convenient to both the parties.
Consequently, I hereby allow this transfer application and transfer the case to the court of learned Judicial Magistrate Srimadhopur who shall try the case in accordance with law.