ORDER Narain Singh "Azad", J.—This Miscellaneous Criminal Case is registered for consideration of Memo No. 63/II-16-2/2001, Jabalpur, dated 15th January, 2002, submitted by District and Sessions Judge, Jabalpur, seeking the permission to transfer the 70 part-heard sessions trial pending in the Court of First Addl. Sessions Judge, Katni, to the Court of Addl. Judge to the Court of First Addl. Sessions Judge, Katni, on administrative ground, or for a guidance, on a consideration of a Full Bench decision of the Allahabad High Court reported in Radheshyam v. State (1984) 2 Crimes 50, and the pronouncement of our own High Court reported in Deepchand v. State of M.P., 1998(2) MPLJ 670 . 2. Since on consideration of Sections 408 and 409(2) of the Code of Criminal Procedure, it is clearly explained by this Court in paragraph 6 at page 673 in Deepchand's case (supra) that - 6. Both these sections are different in their scope. While Section 408 relates to transfer of a case from one Criminal Court to another Criminal Court within the same Sessions Division, Section 409 empowers the Sessions Judge subject to the limitation contained in Sub-section (2), to withdraw any case or appeal which he had made over to any Addl. Sessions Judge, Asstt. Sessions Judge or Chief Judicial Magistrate and either to try/hear the case/appeal himself or make it over to another Court for trial/hearing. These two provisions are clearly intended to deal with two different situations. Section 409 obviously deals with a case or an appeal which though originally instituted in the Court of Sessions, has been made over by the Sessions Judge to an Addl. Sessions Judge or Asstt. Sessions Judge or Chief Judicial Magistrate and which in the opinion of the Sessions Judge is, for any reason administrative or Judicial, required to be tried or heard either by himself or by some other Court. Transfer of all other cases from one Criminal Court to another Criminal Court in the same Sessions Division are to be regulated by Section 408. It needs to be clarified here that a Chief Judicial Magistrate has no power under the Code to try a case cognizable exclusively by the Sessions Court. He can hear only some appeals made over to him, by the Sessions Judge, Section 409, therefore, applies to him with respect to such appeals only. The Additional Sessions Judge or Asstt. It needs to be clarified here that a Chief Judicial Magistrate has no power under the Code to try a case cognizable exclusively by the Sessions Court. He can hear only some appeals made over to him, by the Sessions Judge, Section 409, therefore, applies to him with respect to such appeals only. The Additional Sessions Judge or Asstt. Sessions Judge does not constitute a separate Court but as provided by Section 9 of the Code, they exercise jurisdiction in the Sessions Court itself which is presided over by a Sessions Judge. They can only try such cases and hear such appeals as may be made over to them by general or a special order, by the Sessions Judge. So transfer of any such case or appeal from their file by the Sessions Judge can be made only u/s 409. Sub-section (2) of Section 409 deals with the withdrawal of cases from an Additional Sessions Judge and places a restriction that any such withdrawal can be made only before the trial of the case or hearing of appeal has commenced. Under the scheme of things, Section 408 has no application when transfer of a case is required to be made by the Sessions Judge from one Additional or Asstt. Sessions Judge to another additional or Assistant Sessions Judge in the same Sessions Division. Therefore, when a part-heard Sessions trial has to be transferred from the Court of one Addl. Sessions Judge to the Court of Addl. Sessions Judge or Asstt. Sessions Judge of the same division, the provisions contained in Section 408 of the Code of Criminal Procedure has no application and the same cannot be transferred by the Sessions Judge on account of restriction placed under Sub-section (2) of Section 409 of the Code of Criminal Procedure. 3. Thus, in exercise of powers provided under Sub-section (1) of Section 407 of the Code of Criminal Procedure, the 70 part-heard Sessions trials, which are detailed in the schedule annexed with the memo of Distt. and Sessions Judge, Jabalpur, are withdrawn from the Court of First Addl. Sessions Judge, Katni, and transferred to the Court of Addl. Judge to the Court of First Addl. Sessions Judge, Katni, for disposal, according to law.