SURAJMAL Vs. HARLAL

JUDGEMENT

(1.) THIS is an application in revision by Surajmal complainant in a case under sec. 506 I. P. C. The case was pending in the Court of Sub-Divisional Magistrate, Khetri, but on an application by the accused under section 528 Cr. P. C. it was transferred by the District Magistrate, Jhunjhunu, from the said Court to that of the Extra Magistrate, Chirawa at Jhunjhunu. The complainant Surajmal filed this application in revision, and the ground taken is that under section 528 Cr. P. C. a District Magistrate has no power to transfer any case from one of the courts subordinate to him to another, but that he has the power of withdrawing or recalling only that case which has been made over by him to any Magistrate subordinate to him. It was argued that the learned District Magistrate should have made an order of withdrawal or recall only, if he had himself taken cognizance of the case.

(2.) ON behalf of the opposite party, it has been argued that a District Magistrate has got the power of withdrawal of any case whatsoever from the Court of a Magistrate subordinate to him, and it is only in the case of recall that he can exercise the power of recalling of a case which has been made over by him to any Magistrate subordinate to him. It was further argued that apart from the provisions of section 528 (2) which give to the District Magistrate the power of withdrawing any case from the court of a Magistrate subordinate to him, the District Magistrate has power under sec. 192 Cr. P. C. to empower the sub-Divisional Magistrate who had taken cognizance of the case to transfer it to the Extra Magistrate, Chirawa, who was a Magistrate in the same District.