HARBANSH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order dated 19-5-1981 passed by Sri' S. Hassan, Judicial Magistrate, Gaya, in G.R. Case No. 1414 of 1980/T.R. No. 473 of 1981, by which the learned Magistrate has ordered to send the case to the file of a Magistrate of first class for commitment.

(2.) It appears that the cognizance had been taken for offences under Sections 448, 323 and 427 of the Indian Penal Code, 1860 on 2-2-1981 and the case was transferred to the court of the Judicial Magistrate for trial and disposal.

(3.) When the learned transferee Magistrate perused the record and the first information report as also the case diary, it appeared to him that, as a matter of fact, a clear case for the offence under Section 436 of the Indian Penal Code, 1860 has been made out and the offence under Section 436 of the Indian Penal Code, 1860 being exclusively triable by the court of Session, the impugned order has been passed, as stated above.