THE HON’BLE MR JUSTICE L. NARASIMHA REDDY WRIT PETITION No.4492 of 2006 ORDER: The petitioner is A1 in S.C.No.302 of 2004 on the file of the I Additional District & Sessions Judge, Ongole, Prakasam District. Initially, an attempt was made on 03.02.2006 to transfer that case to the Court of the II Additional District Judge, Ongole to maintain equilibrium and the learned District and Sessions Judge, Ongole, respondent No.1 herein, passed an order to that effect. However, on realizing that the trial of the case has already commenced and as many as 14 witnesses were examined, respondent No.1 passed orders, dated 17.12.2006, cancelling the order, dated 03.02.2006. Within five days thereafter, the very Presiding Officer of the I Additional District & Sessions Judge, Ongole assumed full additional charge of the Court of the District & Sessions Judge, Ongole. Exercising the powers under Section 409 Cr.P.C., he has withdrawn the case from the Court of the I Additional District & Sessions Judge and transferred it to the Court of the II Additional District & Sessions Judge (Fast Track Court), Ongole. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The order impugned in the writ petition is contrary to sub-section (2) of Section 409 Cr.P.C. The District & Sessions Judge can transfer a sessions case, if only the trial has not yet commenced. Once the trial commences, the power to withdraw the case from the Court concerned ceases to exist. Another abnormality is that the very Presiding Officer of the Court in which the case is pending has exercised the powers of the full additional charge of the District and Sessions Judge and has undone what the Principal District & Sessions Judge did hardly one week earlier. Viewed from any angle, the impugned order cannot be sustained. Hence, the writ petition is allowed and the impugned order is set aside. The learned I Additional District & Sessions Judge, Ongole, Prakasam District shall expedite the disposal of S.C.No.302 of 2004, since it was already delayed. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:25.02.2010. kdl