Law:

Section:

(a) Suppression of Terrorist Activities (Special Courts) Act (XV of 1975)-------Ss. 4 & 4-A---Penal Code (XLV of 1860), Ss.302/324/34---Transfer of case from Sessions Court to Special Court in order to consolidate the two counter-cases---Reference to High Court---Two counter-F.I.Rs. regarding the same incident had been registered at the police station---In, one F.I.R. accused party was alleged to have used 12 bore guns, a hatchet and a dagger, challan of which had been submitted in the Sessions Court ---Challan of the other case in which the accused party had allegedly used a semi­automatic rifle apart from the other weapons had been received in the Special Court constituted under the Suppression of Terrorist Activities (Special Courts) Act, 1975---Special Court refused to transfer the case pending before Sessions Court to itself on the ground that the offences involved in the said criminal case were not included in the Schedule appended with the aforesaid Act and the case, therefore, could not be tried by it and it sought guidance in this regard from the High Court through the present reference---Held, Special Court constituted under the Suppression of .Terrorist Activities (Special Courts) Act, 1975, by virtue of its S.4 had no jurisdiction to try any offence which was not a scheduled offence---High Court also, according to the provisions of S.4-A of the said Act, although had the jurisdiction to transfer a criminal case from one Special Court to another Special Court, but it had no power to transfer any case from a Court of Session to the Special Court---Rule that two or more cases pertaining to the same incident but advancing different versions thereof should ordinarily be tried together before the same Court, was only a rule of propriety and not one of any statutory requirement---Such a rule of propriety if could not be strictly followed then trial of such cases by different Courts would be permissible and would not offend against any law---Transfer of case pending before Sessions Court to the Special Court and trial of case pending before the Special Court by the Sessions Court being impossible, Special Court as well as the Sessions Court were advised…

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