The Delhi High Court held that the Additional Chief Judicial Magistrate cannot transfer a case from one Court to another unless an Order is passed by the High Court under Section 10(2) BNSS.
The Delhi High Court ruled that the Chief Judicial Magistrate lacks the authority to transfer cases from one court to another, whether on an application or suo motu, under Section 450 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) or Section 410 of the Criminal Procedure Code, 1973 (CrPC).
This ruling was made in response to a petition filed under Section 528 of BNSS, challenging an order issued by the Additional Chief Metropolitan Magistrate (ACMM).
A Single Bench of Justice Dinesh Kumar Sharma observed, “… under Section 410 Cr.PC. and Section 450 BNSS the power conferred upon the Chief Judicial Magistrate is only administrative in nature. The Court of Chief Judicial Magistrate cannot “transfer” a case from one Court or another upon an application being moved or suo moto.”
The Bench also ruled that the Additional Chief Judicial Magistrate cannot transfer a case between courts within its jurisdiction unless authorized by a High Court order under Section 10(2) of BNSS.
Factual Background
Respondent No. 2, the petitioner’s father-in-law, was involved in multiple legal disputes with the petitioner arising from matrimonial conflicts with the respondent’s son. The petition before the High Court was primarily filed on the grounds that, under Section 410 of the Criminal Procedure Code, 1973 (CrPC), neither the Chief Metropolitan Magistrate nor the Additional Chief Metropolitan Magistrate has the authority to transfer a case between criminal courts within their jurisdiction.
Respondent No. 2, the petitioner’s father-in-law, was involved in multiple legal disputes with the petitioner arising from matrimonial conflicts with the respondent’s son. The petition before the High Court was primarily filed on the grounds that, under Section 410 of the Criminal Procedure Code, 1973 (CrPC), neither the Chief Metropolitan Magistrate nor the Additional Chief Metropolitan Magistrate has the authority to transfer cases between criminal courts within their jurisdiction.
Reasoning
The High Court after hearing the contentions of the counsel, noted, “The basic question is whether the Chief Judicial Magistrate has the power to transfer cases from one Court to another Court on an application being moved or on its own.”
The Court held that since the legislature has explicitly granted transfer powers only to the Supreme Court, High Courts, and Sessions Courts, the Chief Judicial Magistrate cannot assume this authority by inference.
“The law of interpretation does not provide interpretation of any provision which in any manner contravenes the intention of the legislature. The legislature could have specifically given the power of transfer to the Chief Judicial Magistrate if it would have considered it proper to do so”, it further said.
The Court further noted that the Additional Chief Metropolitan Magistrate passed the impugned order without deeming it necessary to issue a notice.
“… the Respondent No.2 shall be at liberty to move a proper application before Ld. Principal District and Sessions Judge under Section 448 BNSS, 2023 for transfer of case from one Court to another. Learned Principal District and Sessions Judge may exercise the jurisdiction without being influenced by the order of this Court in accordance with law”, it also directed.
The High Court accordingly disposed of the petition and directed that a copy of its judgment be sent to the Registrar General for necessary action and distribution to judicial officers, as per the Chief Justice’s directions.