GULABCHAND RATHI Vs. A SANKARANARAYANA GUPTA

JUDGEMENT

(1.) IN M.C. No. 12 of 1963 on the file of the Sub-Divisional Magistrate. Kothagudem, Under section 145, Criminal Procedure Code, the Sub-Divisional Magistrate attached the land in dispute and submitted a report dated 17th February, 1964 to the Sessions Judge, Khammam with a request to transfer the case to the Munsif-Magistrate, Kothagudam for further action. The learned Sessions Judge accordingly passed an order transferring the case to the Munsif-Magistrate, Kothagudam for disposal in accordance with law. The case was taken on file by the learned Magistrate as O.P. No. 16 of 1964 and it was observed that the Sub- Divisional Migistrate failed to decide the question of possession although he could do so on the evidence and that the order of reference could not be made. He passed an order that the file be sent to the Sub-Divisional Magistrate to decide the question of possession. The learned Sessions Judge had made a reference to this Court stating that the order of the Magistrate is misconceived and not in accordance with law. I think the learned Sessions Judge is correct inasmuch as once a case is transferred to the Magistrate, he cannot by himself tranfer it to some other Court. He has to carry out the orders of the superior Court.

(2.) I, therefore, accept the reference and direct the Magistrate to take the case on his file and dispose of the same in accordance with law. Reference accepted.