SURESH PRASAD JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this application purportedly filed under Section 89 of the Bihar Reorganisation Act, 2000 and Section 395 (407) of the Code of Criminal Procedure the petitioners seek transfer of the proceedings in Complaint Case No. 366 (M) of 1999 fom the Court of Shri P. D. Gupta. Judicial Magistrate, 1 st Class, Patna to the corresponding Court in the Slate of Jharkhand in terms of Section 89 of the Reorganisation Act.

(2.) Section 89 of the said Act provides for transfer ("shall stand transferred) of proceedings pending immediately before the appointed day i.e. 15th November, 2000 before a Court (other than the High Court), Tribunal etc. in any area which on that day falls within the State of Bihar shall, if the proceeding relates exclusively to territory which as from the appointed day is the territory of Jharkhand State to the corresponding Court, Tribunal etc. in the State of Jharkhand.

(3.) The case of the petitioners is that the alleged offence which is the subject-matter of the aforesaid case, was exclusively committed, as per the complaint, at Chirkunda in Dhanbad district within the territory of Jharkhand State and, as such, in terms of Section 89 of the Act the proceeding stands transfereed to the corresponding Court (at Dhanbad) in the State of Jharkhand. In the aforesaid case the allegation against the petitioners is that they failed to produce the records on demand by the Insurance Inspector at the time of inspection of the factory' premises at Chirkunda in Dhanbad district and thereby committed offence under Section 85(g) of the Employees' State Insurance Act, 1948 (in short 'the Insurance Act').