Pamidi Venkata Nageswara Rao v. Registrar Office, Vinukonda
2008-07-30
P.S.NARAYANA
body2008
DigiLaw.ai
ORDER: Heard Sri K.Venkateswarlu, learned counsel representing the petitioner. 2. This Transfer C.M.P., is filed under Section 24 of the Code of Civil Procedure, 1908 (CPC) praying for transfer of M.C.No.32 of 2007 pending on the file of I Additional Munsif Magistrate, Tenali, to be tried along with C.C.No.154 of 2007 pending on the file of I Additional Munsif Magistrate, Narasaraopet, Guntur District. 3. Several facts had been narrated in the affidavit filed in support of the Transfer C.M.P. It is needless to say that when transfer of M.C.No.32 of 2007 pending on the file of I Additional Munsif Magistrate, Tenali, to be tried along with C.C.No.154 of 2007 pending on the file of I Additional Munsif Magistrate, Narasaraopet, Guntur District, had been prayed for, Section 24 of CPC is not applicable. 4. Section 24 of CPC deals with general power of transfer and withdrawal and sub- section (1) specifies that on the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage- (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or (b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and (i) try or dispose of the same; or (ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or (iii) retransfer the same for trial or disposal to the Court from which it was withdrawn. 5. Sub-sections (2), (3), (4) and (5) of Section 24 of CPC may not be relevant for the present purpose. 6. A request had been made by the learned counsel representing the petitioner that he may be permitted to convert the Transfer C.M.P., as one filed under relevant provisions of Code Criminal Procedure, 1973 (Cr.P.C.). Chapter-XXXI of Cr.P.C., deals with transfer of criminal cases. Section 407 of Cr.P.C., deals with the power of High Court to transfer the cases and appeal. Section 408 of Cr.P.C., deals with the power of Sessions Judge to transfer the cases and appeals. 7.
Chapter-XXXI of Cr.P.C., deals with transfer of criminal cases. Section 407 of Cr.P.C., deals with the power of High Court to transfer the cases and appeal. Section 408 of Cr.P.C., deals with the power of Sessions Judge to transfer the cases and appeals. 7. In the light of the same, since this remedy of filing of Transfer C.M.P., under Section 24 of CPC being misconceived remedy, the same is hereby dismissed giving liberty to the petitioner to move appropriate proceeding in this regard.