ORDER A.S. Naidu, J. - Heard Learned Counsel for the Petitioners and Learned Counsel for the State. 2. The Petitioners are Appellants in Crl. Appeal No. 119/2000 pending in the Court of Learned Addl. District Judge, Nabarangpur. But then, the appeal was thereafter transferred to the Court of Sessions Judge, Koraput-Jeypore. Thereafter, it appears from the order sheet the Sessions Judge, Koraput-Jeypore heard the matter on several dates. The order dated 17.1.2006 reads as follows: Learned advocate for the Appellants and Learned Public Prosecutor are present. Heard argument from both sides in full. Put up on 4.2.2006 for judgment. 3. Thereafter it appears on 3.2.2006, the date of posting of the appeal was advanced and on the basis of a prayer made, the appeal was further argued. At this juncture, it appears, Learned Public Prosecutor expressed his inability to argue the matter on the ground that it was not within his jurisdiction and the Public Prosecutor, Nabarangpur was to argue the matter. After hearing the said submission, Learned Session Judge, Koraput-Jeypore transferred the appeal to the Court of Learned Addl. Sessions Judge, Nabarangpur for further hearing and disposal. 4. This Court fails to understand, as to how and why the Sessions judge should transfer an appeal, only on the ground that the Public Prosecutor was not competent to argue the case, and the Public Prosecutor, Nabarangpur was to argue the matter. Such order being passed on extraneous consideration, was illegal and cannot be sustained. 5. That apart according to Learned Counsel for the Petitioners, the Petitioners have also engaged a Senior Counsel to argue the matter at Koraput-Jeypore and if the case is transferred at this juncture they would suffer inconvenience and prejudice. 6. Considering all the submissions I set aside the order dated 3.2.2006 passed by Learned Sessions judge, Koraput-Jeypore transferring a part-herd Criminal Appeal to the Court of Addl. Sessions Judge, Nabarangpur and direct the Sessions Judge to hear the matter afresh and dispose it of in accordance with law. The State is directed to engage a suitable Public Prosecutor of its own choice, who can assist the Court. Application allowed. Final Result : Allowed