NDLI: Kamlesh Kumar and Ors. Vs. The State of Jharkhand and Ors.

Kamlesh Kumar and Ors. Vs. The State of Jharkhand and Ors.

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Kamlesh Kumar and Ors. Vs. The State of Jharkhand and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Transfer of Trial
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Criminal Trial ::- . Transfer of trial - Administrative power A B of High Court to effect transfer- Trial of petitioners u/s. 50 FERA before Magistrate - FERA replaced by FEMA - Full C Court of High Court passed resolution transferring the trial under FERA / FEMA to Special Judge hearing related Fodder scam cases - State Government issued notification empowering said Special Judge to the try the case of petitioners - Transfer of petitioner's trial to the Special Judge D - Legality of - Held: Though FERA came to be repealed and replaced by FEMA, in view of s.49(4) of FEMA, all offences committed under FERA continued to be governed by the provisions of FERA, as if that Act had not been repealed - s. 62 of FERA made the offence u/s. 56 of FERA non- cognizable - Besides, s.61(1) of FERA stated that 'it shall be lawful' for the Magistrate to pass the necessary sentence u/s. 56 of FERA - It does not state that the Magistrate alone is empowered to pass the necessary sentence, in which case the proceeding cannot be transferred from his Court - The offence was a non-cognizable one, and therefore it was not mandatory that it ought to have been tried only by the Magistrate of the First Class - It cannot be said that the Magistrate's Court had an exclusive jurisdiction to try the cases relating to violations of the provisions of FERA, and those cases could not be transferred to the Special Judge - G High Court has power to transfer the cases and appeals u/s.407 CrPC which is essentially a judicial power - It can also transfer cases by exercising its administrative power of superintendence available u!Art.227 of the Constitution - Constitution of India, 1950 - Art. 227 - Foreign Exchange Regulation Act, 1973- ss. 61 and 62, and ss. 9(1) (a) and (b) and ss. 56, 64(2) - Foreign Exchange Management Act, 1999 - s.49(4) - Code of Criminal Procedure, 1973 - s.407. Criminal Trial - Trial of petitioners u/s. 56 of FERA before Magistrate - FERA replaced by FEMA - Transfer of trial under FERA I FEMA to Special Judge hearing related Fodder scam cases - Whether right of appeal available to the particulars taken away by such transfer- Held (per Lokur, J.}, No - Petitioners continued to have the right to appeal, but it was only the forum that had changed - They could now prefer appeal from the order of the Special Judge to the High Court - Litigant neither has a right to appeal to a particular forum nor to insist on. a particular procedure being followed in his case. Revision - Right of - Held( per Lokur, J.): It cannot be said that a litigant has a "right" to have an adverse order revised by a superior court - On the contrary, if there is any "night" to revise, it is invested in the superior court - On facts, transfer of criminal trial from a Magistrate to a Special Judge did not take away the "procedural facility" of revision available to the accused-petitioners - It only changed the forum - Petitioners have no right to choose the forum in which to file F an appeal or move a petition for revising an interlocutory order.
Judge	Hon'ble Mr. Justice H.L. Gokhale Hon'ble Mr. Justice Madan Bhimarao Lokur
Neutral Citation	2013 INSC 654
Petitioner	Kamlesh Kumar And Ors.
Respondent	The State Of Jharkhand And Ors.
SCR	[2013] 14 S.C.R. 263
Judgement Date	2013-09-26
Case Number	6219-6220

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