SHYAMLAL NANDA Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition by the victims of the crime is directed against the order dated 23-2-1987 passed by the Chief Judicial Magistrate, Mandsaur in Criminal case No. 168 of 1987 whereby he has transferred the said case to the Judicial Magistrate first Class, Garoth for disposal according to law.

(2.) CIRCUMSTANCES giving rise to the petition are these. Challan under Section 307 of the Indian Penal Code was filed by the police against the non-applicants Nos. 2 to 7 in the Court of the Judicial Magistrate First Class, Garoth, who committed the case to the court of Sessions for trial. The Additional Sessions Judge who dealt with the case, transferred it under Section 228 (1) of the Code of Criminal Procedure, 1973 (for short 'the Code') to the Court of the Chief Judicial Magistrate, Mandsaur. .

(3.) THE non-applicants 2 to 7, who are the accused persons, filed an application before the learned Chief Judicial Magistrate for transferring the case to the Court of the judicial Magistrate First Class, Garoth. After hearing them and the A. P. P. the learned chief Judicial Magistrate, by the impugned order, transferred the case to the Judicial magistrate First Class, Garoth.