KAMLESH KUMAR AND ORS. versus THE STATE OF JHARKHAND AND ORS.

KAMLESH KUMAR AND ORS. versus THE STATE OF JHARKHAND AND ORS.

The transfer of criminal trial from Magistrate to Special Judge in FERA/FEMA cases is lawful, as Magistrate does not have exclusive jurisdiction; High Court's administrative power under Article 227 permits such transfer without prejudice; appellate and revisional rights are preserved, only the forum has changed.

Parties
Petitioner: Kamlesh Kumar; Respondent: State of Jharkhand
Jurisdiction
India
Judgment Date
26 September 2013
Procedural Posture
Special Leave Petition (criminal) / Supreme Court Appeal From Order of Jharkhand High Court, Dismissal of Writ Petitions
Outcome
Special Leave Petitions dismissed
Legal Topics
Transfer of Trial, Jurisdiction, Foreign Exchange Offences, Administrative and Judicial Powers of High Court, Appeals and Revisions
Criminal Law Constitutional Law Transfer of Trial Jurisdiction Foreign Exchange Offences Administrative and Judicial Powers of High Court Appeals and Revisions

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Parties

Kamlesh Kumar

Petitioner

State of Jharkhand

Respondent

Procedural Posture

Special Leave Petition (criminal) / Supreme Court Appeal From Order of Jharkhand High Court, Dismissal of Writ Petitions

Legal Issues

  1. 1 Whether the transfer of criminal trial under FERA from Magistrate to Special Judge was lawful
  2. 2 Whether the right of appeal/revision was taken away by such transfer
  3. 3 Whether the High Court could transfer the case by administrative power under Article 227 of the Constitution

Ratio Decidendi

The transfer of criminal trial from Magistrate to Special Judge in FERA/FEMA cases is lawful, as Magistrate does not have exclusive jurisdiction; High Court's administrative power under Article 227 permits such transfer without prejudice; appellate and revisional rights are preserved, only the forum has changed.

Court Disposition

Special Leave Petitions dismissed

Orders

  • Transfer of cases to Special Judge upheld; petitioners may appeal to High Court from Special Judge's order; right of revision not taken away, only forum changed.