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2013 (1) TMI 58 - HC - FEMAWhether High Court, exercising the power u/s 407 of Cr.P.C. read with Article 227 and 235 of the Constitution of India is competent to take decision that cases under FERA/FEMA shall be tried by a Special Judge – Whether State Government has absolutely jurisdiction to authorize Special Judge to try cases under FERA Act 1973 - Petitioner argued that there was no necessity to transfer the case, filed under FERA before C.J.M., to the Special Judge – Held that:- Having perused Section 407 Cr.P.C. and Article 227 and 235, I have no hesitation to hold that this Court either in the administration side or in the judicial side has absolute jurisdiction to transfer any criminal cases pending before the one competent court to be heard and decide by another court within the jurisdiction of this Court. This Court has absolute jurisdiction in administration side as well as in judicial side to transfer any pending criminal case from one competent court to another competent court, therefore, merely because impugned notification dated 17.05.2002 got to be issued pursuant to the decision of Full court dated 25.04.2002 shall have no adverse effect on the jurisdiction of Special Judge hearing the Fodder Scam cases to try the present criminal complaint under the FERA. In favour of respondent
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