Criminal Misc. Application No.17059 of 2011 is filed in Special Criminal Application No.2839 of 2011 where the petitioner, original accused No.6 has challenged the order dated 17.10.2011 passed by the learned Judicial Magistrate, First Class, Dhandhuka, below application Exh.50, by which an application preferred by the petitioner to transfer Criminal Case N.584 of 2011 to the Court of the learned Chief Judicial Magistrate is rejected. The learned counsel for the petitioner has placed reliance on Circular/letter No.2912 of 1982 dated 24.8.1982 and Circular/letter No.2912 of 1988 dated 21.2.1988 and in which certain directions have been issued to all the District Judges of the State to see that the directions contained in the above Circulars are complied with.
Whether the above circulars and the guidelines contained therein are in consonance with the provisions of Chapter XXXI of the Code of Criminal Procedure, 1973 pertaining to transfer of criminal cases and power and jurisdiction of the concerned jurisdictional Magistrate to try such criminal cases.
Respondent No.4 is hereby directed to file affidavit on or before 30.1.2012 and render necessary explanation pertaining to issuance of such Circulars and the power conferred upon the High Court to issue such Circulars. If affidavit rendering necessary explanation as above and the subject matter of Special Criminal Application and Criminal Misc. Application filed in the proceeding is not filed on or before 30.1.2012, appropriate order in accordance with law will be passed.
S.O.
to 30.1.2012.
Copy of this order be given to the learned counsel appearing for respondent No.4.
(ANANT S. DAVE, J.) (swamy) Top