Section 49: Transfer of cases

49. Transfer of cases.___(1) Where more Special Courts than one are established within the territorial jurisdiction of a High Court, the High Court may, by order in writing, transfer a case, at any stage, from one Special Court to another Special Court in accordance with section 526 of the Code as if the Special Court were a Court of Sessions. (2) On the establishment of Special Courts under sections 45 and 46, all cases where the sentence of an offence is two years or less, shall stand transferred to the respective Special Court comprising a Judicial Magistrate of the First Class and all other cases to the respective Special Courts comprising of Sessions Judges or Additional Sessions Judges. (3) Notwithstanding anything hereinbefore contained, a remand may be granted by the nearest 1[* * * *] Judicial Magistrate of the First Class.

Effective date: 1997-07-11

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