R.S.NAYAK vs A.R.ANTULAY

The Supreme Court directed the transfer of Special Case No. 24 of 1982 and Special Case No. 3/83 from the Special Judge, Greater Bombay to the High Court of Bombay, emphasizing that the trial should proceed according to the procedure outlined in Sections 244 to 247 of the Code of Criminal Procedure, 1973. The Court set aside the order of the Special Judge discharging the accused, thereby allowing the appeal and mandating that the trial continue from the stage of discharge. The judgment clarifies the procedural requirements for cases instituted otherwise than on police report.