NIRAJ CHANDRAYAVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, learned Additional Public Prosecutor representing the State and learned Counsel appearing on behalf of Opposite Party No. 2.

(2.) The petitioner is aggrieved by an order, dated 02.12.2016, passed by learned Chief Judicial Magistrate, Ara, in Misc. Case No. 121 of 2016, whereby he has withdrawn Case No. 381(C) of 2009 (Trial No. 1623 of 2016) from the Court of Sri R. Prasad, learned Judicial Magistrate, 1st Class, Ara, and kept that in his personal file for disposal.

(3.) Assailing the impugned order, learned Counsel for the petitioner has submitted that earlier the learned District Judge, Bhojpur, at Ara, exercising power under section 408 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'), by an order, dated 02.07.2013, had transferred the said complaint case, after recalling it from the Court of Sri Manoj Kumar, learned Judicial Magistrate, 1st Class, Ara, to the Court of Smt. Namita Singh, learned Judicial Magistrate, 1st Class, Ara, for trial and disposal. Subsequently, the learned District Judge, Bhojpur, at Ara, had transferred the said case to the Court of Sri R. Prasad, learned Judicial Magistrate, 1st Class, Ara, for disposal, exercising power under Section 408 of the Code.