LT. CO. RAGBIR SINGH (RETD), S/O (L) PIARA SINGH, SENIOR GENERAL MANAGER, (HR & ADMINISTRATION) ADHUNIK CEMENT LTD. LUMSHNONG, EAST JAINTIA HILLS DISTRICT, MEGHALAYA Vs. SHRI. ABDUL KADIR, S/O (L) M. ALI, REG CONTRACTOR NO.11029/144 R/O KULI KAWN, AIZAWL, MIZORAM, C/O HEADQUARTERS

JUDGEMENT

(1.) Heard Ms. Y Shylla, learned counsel for the petitioner and Mr. S Dey, learned counsel for the respondent.

(2.) The only prayer sought for in the present revision petition is for a direction to the learned Magistrate First Class, Khliehriat to dispose of the Complaint Case No.19 of 2012 filed by the petitioner against the present respondent as expeditiously as possible in accordance with law. Mr. S Dey, learned counsel for the respondent submits at the Bar that the delay in disposal of the said Complaint Case No.19 of 2012 are mainly because of non-availability of the Presiding Officer and also due to some inconveniences on the part of the parties in appearing before the Court on all the dates fixed for further proceedings of the said Complaint Case. Considering the submissions of the learned counsel appearing for the parties, this revision petition is disposed of without entering into the merit of the said Complaint Case No.19 of 2012. As stated above, the main grievance of the petitioner in the present revision petition is the delay in disposal of the said Complaint Case No.19 of 2012 and Mr. S Dey, learned counsel for the respondent has no objection in transferring the said Complaint Case No.19 of 2012 from the Court of the learned Magistrate First Class, Khliehriat, East Jaintia Hills District to the Judicial Magistrate First Class, Jowai. Learned counsel for the petitioner also submits at the Bar that there is no complete separation of subordinate judiciary in the East Jaintia Hills District, Khliehriat. Therefore, this is also another ground for delay in disposal of the said Complaint Case No.19 of 2012.

(3.) Taking into consideration of the difficulty on the part of the parties and the delay in disposal of the said Complaint Case No.19 of 2012, this Court by invoking jurisdiction under Sec. 482 of the Crimial P.C. the Complaint Case No.19 of 2012 pending in the Court of the Magistrate First Class, Khliehriat, East Jaintia Hills District is transferred to the Judicial Magistrate First Class, Jowai having jurisdiction to decide the said Complaint Case No.19 of 2012. The case records of the Complaint Case No.19 of 2012 are in this Court. The Registry is directed to send the case records of the Complaint Case No.19 of 2012 to the Judicial Magistrate First Class, Jowai for expeditious disposal according to law. It is made clear that the learned Judicial Magistrate First Class, Jowai on receipt of the case records of the said Complaint Case No.19 of 2012 shall issue notice to the parties and proceed for trial. For speedy disposal of the said Complaint Case No.19 of 2012, the parties are directed to appear before the Judicial Magistrate First Class, Jowai within ten days. The Registry is further directed to take immediate steps for sending the case records to the Judicial Magistrate First Class, Jowai.