Additional Sessions Judge Have No Power To Transfer Cases Under S.408CrPC-Mumbai Court Dismissed Kangana Ranaut's Application To Transfer Defamation Suit Filed By Javed Akhtar
Live LawA Sessions Court in Mumbai has rejected actress Kangana Ranuat's revision application which sought to set aside an order passed by the in-charge Chief Metropolitan Magistrate in the defamation case filed by lyricist Javed Akhtar. In an order passed on December 31, Additional Sessions Judge S U Baghele rejected Ranaut's application on three technical grounds – that he is an Additional Sessions Judge and not a "Sessions Judge"; that entertaining a revision from an order arising out of an order passed under section 410 of the CrPC would virtually amount to taking a total departure from the provisions relating to transfer of criminal cases, as embodied under sections 406, 407 and 408 of the Cr.P.C; and that section 397 for revision can be invoked only when the order under challenge is "passed as a 'court' and not as 'judge'." In-charge CMM ST Dande, on October 21, 2021, had rejected Ranaut's application seeking to transfer the defamation case filed by noted lyricist Javed Akhtar from court of Andheri Metropolitan Magistrate RR Khan's court. Judge Baghele noted that the section enables any Sessions Judge to exercise the powers of revision, in relation to the finding, sentence or order recorded or passed by "inferior court".