State of Punjab vs Gurmeet Singh

Pritpal Singh, J.

An application under section 410 of the Code of Criminal Procedure (hereinafter called the Code) was filed on behalf of the prosecution in the Court of the Chief Judicial Magistrate, Faridkot, for the transfer of the case pending against the respondent Gurmit Singh in the court at Faridkot under section 382 read with section 34, Indian Penal Code, to the Court of the Chief Judicial Magistrate, Sangrur. This application was dismissed by the Chief Judicial Magistrate, Faridkot, vide an order dated February 18, 1987, on the ground that he had no jurisdiction of transfer the case.

The view is erroneous in the light of a judgment of this Court in Crl. Misc. No 2999M 1987 (State of Punjab v. Bohar Singh.) (1987(2) Recent Criminal Reports 401) decided on June 30, 1987. It was held there in that it is manifest from this Court''s notification dated March 15, 1985 that all the Chief Judicial Magistrates in the State of Punjab (except the Chief Judicial Magistrate, Patiala and the Additional Senior Sub Judge cum Judicial Magistrate I Class, Nabha) have been appointed as Judicial Magistrates I Class in the entire State of Punjab. By virtue of this notification the Chief Judicial Magistrate, Sangrur, is also a Judicial Magistrate I Class, Faridkot, to whom any case, pending in Faridkot Session Division 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 February 18, 1987 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 in the light of the observations made above.