NIRANJAN DAS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure,1973, the Petitioner has sought quashing of the order dated 15.10.2010, passed by Chief Judicial Magistrate, Nainital, whereby said court has declined to transfer the proceedings of State v. Niranjan Das, Criminal Case No. 1838 of 2009 relating to offences punishable under Section 279, 304A, 337, 338 and 427 I.P.C. to the commanding officer under Section 475 of Code of Criminal Procedure.

(3.) ADMITTEDLY , the Petitioner is a subject to Army Act. It is also not disputed that the Respondent No. 3 General Officer Commanding Northern Area Barielly C/o 56 A.P.O. has already made a request to the Chief Judicial Magistrate, Nainital vide letter dated 26.08.2010, (Annexure -5 to the petition) requesting for transfer of the case. However, the Chief Judicial 3 Magistrate, vide the impugned order, in its wisdom, has declined to transfer the case. The only ground mentioned by the Magistrate is that one of the prosecution witnesses has already been examined. However, there is No. such Bar in Section 475 of Code of Criminal Procedure, not to transfer the case where a witness has already been examined.