Criminal Procedure Code, 1973
Section 406—Transfer petition—Case registered under PMLA—Lack of jurisdiction of a court to entertain a complaint can be no ground to order its transfer—Majority of accused persons or witnesses are from a particular place is also no ground to transfer of the complaint—Fact that the petitioner was remanded to custody by the Special Court at Ernakulam under Section 167(2) of CrPC and that, therefore, filing of complaint at Lucknow is impermissible, is not legally well founded—An order under HYPERLINK "https://indiankanoon.org/doc/1815602/" Section 167(2) of the Code had to be passed necessarily by the Magistrate “to whom an accused person is forwarded”—In fact, HYPERLINK "https://indiankanoon.org/doc/1697463/" Section 167(2) contains the words “whether he has or has not jurisdiction to try the case”—Argument revolving around HYPERLINK "https://indiankanoon.org/doc/1815602/" Section 167(2) of the Code also fails—Petition dismissed.
[Paras 10 to 15]