Ss. 4-A, and 10 read with S. 528 Cr.P.C.–Offence u/S. 302/34 PPC–Pendency of case in special court-II–Application for transfer of Case–Case transferred by sessions judge/Special Court-I to his own court–Challenge to–Application of S. 528 Cr.P.C. is excluded by special Act by express enactment of S. 10 of Act, 1975–Exercise of power u/S. 528 Cr.P.C. in such like cases by special Court-I is mis-conceived–There is no provision in Act, 1975, authorizing special court-I to withdraw a case entrusted to special court-II–Grievance of any of parties regarding trial can be redressed u/S. 4-A of Act, 1975 by High Court alone–Withdrawal of case through impugned order from special court-II to special court-I is without jurisdiction–Transfer or promotion of ASJ-I will not create any vacuum because he is notified by designation and not by name–Whosoever is ASJ-I shall exercise powers conferred by Notification–Learned sessions Judge/Special Court-I presumably proceeded u/S. 528 Cr.P.C.–But without notice to accused case could not be transferred being against principle of natural justice–Held : Only remedy available to parties is under Section 4-A of Act, 1975 to approach High Court for redressal of grievance–All Special Courts are independent and equal in all respects constituted under Notification.
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