SITARAM SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition has been filed by the complainant of Complaint Case No. 241C of 2004, a copy of which was sent by the Chief Judicial Magistrate, Begusarai, to Sahebpur Kamal Police Station for investigation under Section 156(3) of the Cr.P.C.. Accordingly, Sahebpur Kamal Police Station Case No. 121 of 2004 was instituted and the investigation was taken up.

(2.) It appears that during the course of investigation a petition was filed by the I.O. of the case annexing therewith the supervision note of the Dy. Superintendent of Police, Ballia which indicated to the Chief Judicial Magistrate, Begusarai that the place of occurrence of the case being in Hisar(Haryana) it was legitimate for the court to transfer the whole case to the Chief Judicial Magistrate, Hisar(Haryana) for further investigation or any other Officer for proceeding. The learned Chief Judicial Magistrate took up the petition for disposal on 20.9.2007 and found that the case under Sections 366 and 380 of the Penal Code was one relating to the offences serious in nature and also required to be investigated into and as such directed the whole record of Sahebpur Kamal P.S. Case No. 121 of 2004 to be transferred for "trial and disposal" to the Chief Judicial Magistrate, Hisar, Haryana.

(3.) Being aggrieved by the above order the complainant/informant of the case has filed this petition as indicated above at the very out set of the present order.