S.450 BNSS | Court Of Chief Judicial Magistrate Can't Transfer A Case Either Suo Moto Or On Any Application: Delhi High Court

The Delhi High Court has ruled that the Court of the Chief Judicial Magistrate cannot transfer a case from one Court or another either suo moto or upon an application being moved to that effect.

“…under Section 410 Cr.PC. and Section 450 BNSS the power conferred upon the Chief Judicial Magistrate is only administrative in nature. The Court of Chief Judicial Magistrate cannot “transfer” a case from one Court or another upon an application being moved or suo moto,” Justice Dinesh Kumar Sharma held.

The Court further said that the Court of Additional Chief Judicial Magistrate cannot exercise the administrative power of transfer of case from one Court to another within its jurisdiction unless an order is passed by the High Court under Section 10(2) of BNSS, 2023.

The Court was dealing with a plea filed by a man challenging an order passed by ACMM transferring the complaint case in a matrimonial dispute from one MM to another wherein another case between the parties was pending. The transfer application was moved by petitioner's father in law.

It was the petitioner's case that under Section 410 Code of Criminal Procedure, the Chief Metropolitan Magistrate or Additional Chief Metropolitan Magistrate has no power to transfer a case from one criminal Court to another criminal Court in its jurisdiction.

Justice Sharma observed that since the legislature in its own wisdom has conferred the power of the transfer only to Supreme Court, High Courts and the Sessions Court, it cannot be given by way of inference to the Court of Chief Judicial Magistrate.

“The legislature could have specifically given the power of transfer to the Chief Judicial Magistrate if it would have considered it proper to do so,” the Court said.

While observing so, the Court agreed with the rulings of Karnataka High Court in M/s Radical Works Pvt. Ltd. v. Sri Padmanabh T.G, Madhya Pradesh High Court in A. K. Singh, Special Railway Magistrate, Jabalpur v. Virendra Kumar Jain and Gujarat High Court in Chandrkantbhai Bhaichandbhai Sharma v. State of Gujarat and Another.

Disposing of the plea, the Court said that the petitioner's father in law will be at liberty to move an application for transfer of the case before the Court of Principal District and Sessions Judge who may exercise the jurisdiction without being influenced by the High Court's order accordance with law.

“The copy of the order be sent to Ld. Registrar General for appropriate action and circulation of copy of judgment to the judicial officers subject to the directions of Hon'ble the Chief Justice,” the Court said.

Advocate Kanhaiya Singhal was appointed as an Amicus Curiae in the matter.

Title: SUDESH CHHIKARA v. STATE (GOVT. OF NCT OF DELHI) AND ANR

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