GAURI SHANKAR Vs. OM PRAKASH GUPTA

JUDGEMENT

(1.) It appears that the case was pending in the court of sub-Divisional Magistrate, Atrauli. An application, after the decision of the case, was preferred under Section 340, Criminal Procedure Code for launching prosecution for perjury. The Sub Divisional Magistrate, Atrauli, moved for transfer of the case under Section 340, Criminal Procedure Code, mentioning that he is pressurized and does not want to do the case. The case was transferred by the Additional District Magistrate (Administration) excercising the powers of the District Magistrate to another court. That court held that it had no jurisdiction to hear the case under Sect inn 340, Criminal Procedure Code as the very court has to hear it. The case was -sent back again to the court of the sub divisional Magistrate Aggrieved by the same the applicants have preferred this application under Section 482, Criminal Procedure Code praying that the second order of transfer may be quashed and the case may proceed before the court to which it was transferred.

(2.) The relevant portion of Section 340, Criminal Procedure Code reads .is follows: Any Court is of opinion that it is expedient if the interest of justice that an inquiry should be made into any offence which appears to have been committed in or in relation to a proceeding in that Court such court may, after such preliminary inquiry, if any, as it thinks necessary (a) record a finding to that effect; (b) make a complaint thereof in writing.

(3.) It is argued that Section 411, Criminal Procedure Code providing for transfer of cases, over-rides Section 340, Criminal Procedure Code and even cases covered under Section 340, Criminal Procedure Code, can be transferred to any other Magistrate by the proper authority empowered to transfer cases Section 411 (b) Criminal Procedure Code runs as follows: 411-Any District Magistrate or Sub. Divisional Magistrate may: (b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.