State of Punjab vs Bohar Singh

Pritpal Singh, J.

On behalf of the prosecution an application under Section 410 of the Code of Criminal Procedure (hereinafter called "the Code") was filed in the Court of the Chief Judicial Magistrate, Faridkot, praying that a case under Section 379 Indian Penal Code, pending against the respondent Bohar Singh in the Court at Faridkot, be transferred to the Court of Chief Judicial Magistrate, Sangrur. This application was dismissed by the Chief Judicial Magistrate, Faridkot, vide an order dated December 16, 1986. In the present petition under Section 482 of the Code this order to the Chief Judicial Magistrate, Faridkot, dated December 16, 1986 is sought to be quashed.

The Chief Judicial Magistrate, Faridkot, dismissed the application for transfer of the case on the ground that he had no jurisdiction to transfer a case from the Faridkot Session Division to the Court of the Chief Judicial Magistrate, Sangrur, under Section 410 of the Code. This view is erroneous. As held by this Court in Crl. Misc. No. 2999M of 1987 (State of Punjab v. Bohar Singh, 1987(2) Recent CR 401), decided on July 30, 1987 , it is manifest from this Court notification dated March 15, 1985, that all the Chief Judicial Magistrate in the State of Punjab (Except the Chief Judicial Magistrate, Patiala), and the Additional Senior SubJudgecumJudicial Magistrate Ist Class, Nabha, have been appointed as Judicial Magistrate Ist Class in the entire State of Punjab. By virtue of this notification, the Chief Judicial Magistrate, Sangrur, is also to function as Judicial Magistrate, Ist Class in all the Sessions Divisions in Punjab including Faridkot. In this way the Chief Judicial Magistrate, Sangrur, is also a Judicial Magistrate, Faridkot, to whom any case pending in Faridkot Sessions revision can be made over for trial by the Chief Judicial Magistrate, Faridkot, under Section 410 of the Code.

For these reasons the impugned order dated December 16, 1986 of the Chief Judicial Magistrate, Faridkot, is set aside. The Chief Judicial Magistrate, Faridkot, is directed to dispose of the application of the state under Section 410 of the Code in accordance with law and in the light of the observations made above.