The petitioner herein seeks transfer of a calender case from the Court of Judicial First Class Magistrate I, Manjeri to the Special Court (Session Court), Manjeri for simultaneous trial with S.C No.64/2012. Transfer as requested by the petitioner cannot be granted under Section 407 of the Code of Criminal Procedure. In a Court of Session; be it a Special Court or otherwise, cognizance can be taken only on committal, or directly, if so authorised specifically by any special law. If the calender case now pending before the learned Magistrate is in fact one triable by the Special Court as counter case or otherwise, the petitioner will have to approach the learned Magistrate, and if the learned Magistrate finds the necessity of such simultaneous trial, or if the Magistrate is otherwise satisfied that the case before him is one to be tried by the Court of Session or Special Court as a counter case or otherwise the learned Magistrate will have to commit the case to the Court of Session.
With these observations this application is closed.
P.UBAID JUDGE ab