Dharamveer vs State of U.P.& Ors.

R. K. Singh, J.—None appears for the revisionist. Learned Counsel Sri S.K. Agarwal who has filed this revision petition, has been elevated to the Bench since last about six months but uptil now the revisionist has not engaged any Counsel in his place.

This revision petition is more than 16 years old and the proceedings in the Court below in criminal case No. 59/12 of 1982 is stayed due to interim order of this Court dated 1081983.

This Court has perused the impugned order dated 2011983 which is challenged in this revision petition. This impugned order speaks that the trial of the criminal case No. 59/12 of 1982, Niranjan v. Dharmbir, was transferred by the Chief Judicial Magistrate from the file of the Special Judicial Magistrate Ganga Canal to the file of the Judicial Magistrate 2nd Court, Muzaffarnagar. The ground taken for challenging the correctness of this order is that under Section 410 CrPC the CJM could not have transferred this case because he had not made over this case to the file of the Special Judicial Magistrate, Ganga Canal, rather this case was exclusively triable by the Special Judicial Magistrate Ganga Canal who has been specifically authorised under Section 70 of the Northern India Canal and Drainage Act, 1883.

This ground does not make out a case for interference by this Court under Section 397 of the Code of Criminal Procedure as the powers to interfere in good cases is also vested with the Sessions Judge who could have corrected the alleged illegality and was empowered to pass appropriate orders himself under Section 409 CrPC. The revision petition under Section 397 CrPC before this Court is totally misconceived. The same is accordingly dismissed. The interim order dated 10th March, 1983 stands discharged. The learned Sessions Judge, Muzaffarnagar is hereby directed to apply judicial mind and pass appropriate orders for immediate trial of the criminal case No. 59/12 of 1982.

Revision dismissed.