ISSUE:
Whether the appellant can seek a transfer of the case to a competent Magistrate under Section 561-A of the Criminal Procedure Code?
Whether the High Court have the power to transfer or recall a case from the Additional Sessions Judge based on a potential jurisdictional error in the initial order?
RULE:
The penal Statutes must be construed in such a manner as to carefully guard the rights of the accused and at the same time preserve the obvious intention of the Legislature, but whenever there exists an ambiguity, it must be resolved in favor of protection of rights and safeguards rather than their destruction.
The High Court has the authority to transfer case across the subordinate criminal courts for just and efficient adjudication, despite procedural nuances in commitment and cognizance requirements U/S 193 and 526 of CrPC.