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Amidst hearing the Bhima Koregaon case which was being heard by the special court Pune (ATS) , considering the jurisdiction of its court transferred the caserecords of the mentione dcase to National Investigation Agency Mumbai. It was argued by the counsel of accused that the Pune Court can not transfer the case to Mumbai on its own , as referring to the NI Act they mentioned also has provision for the same. But it was observed by the court that the case that this should go in appropriate court which has better jurisdiction to this matter. Under Section 323 CrPc court also observed that proper anlogy has been followed by the magistrate and the session court . Therefore , they opined that "..it is expedient to sent the record and proceedings of the car along with the seized property to the Special Court(NIA) Mumbai" In this present case of Bhima Koregaon violence case which tok place in Pune in 2018 was initially being handled by Pune Police but recently a month back its investigation was handed to the Special Court in Pune. As far as the jurisdiction in this matter was concerned it was found by the court that the Special Court at Mumbai has jurisdiction over all such cases of investigation in the State of Mahrashtra as well as the State of Gujrat. Also the accused argued that the power to transfer the case vests with High Court only but not the special court on its own can do the same. Under Section 407 of CrPc it is already mentioned as they argued. But it was later explained by the court that on thorough reading of the section 407 of CrPc it can be understood that , the procedure laid down by the Section 407 need to be followed by the court which has the jurisdiction and power to decide the matter. It is already been concluded by in the case priorily that . This Court does not vest the power and appropriate jurisdiction to hear this case, thus in the eyes of law it is not exactly the transfer of case but sending the case to a court , which has the proper and actual jurisdiction over the case at hand, due to lack of jurisdiction by this court at Pune. Therefore, the applicability of Section 407 of CrPc does not come into picture at this present case. Because , as NIA has stepped into this matter under Section6(5) of NIA Act mentions of the same. There is a similar provision in Section 201 of CrPc which says of returning of the complaint in case of no jurisdiction vesting within the power of Majistrate to decide in the matter. It is important to mention that in the present Bhima koregaon case the accused Roma wilson, Surendra Gadling , Shoma Sen, Sudhir Dhavale, Vernon gonsalves, Varavara Rao, Mahesh Raut, Sudha Bhardwaj, Anand Teltumbde, Arun Ferieria and Gautam Navlakha were booked Unlawful Activities (Prevention) Act and other punishable offenses.
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