BHANWARILAL Vs. STATE

JUDGEMENT

(1.) THESE are two revision applications which share a common submission and can be conveniently disposed of together. They are both directed against an order of the District Magistrate, Sirohi dated 30. 12. 64, by which the learned District Magistrate transferred two criminal cases under sec. 3/7 of the Essential Commodities Act, 1955 pending against the petitioners from the court of the Sub-Divisional Magistrate, Abu, to the court of the Sub Divisional Magistrate, Sirohi.

(2.) IT appears that the Prosecuting Inspector filed two applications of identical nature before the learned District Magistrate invoking his power under sec. 528 of the Code of Criminal Procedure for transferring the cases. The grievance of the petitioners is that before ordering the transfer of these cases the learned District Magistrate had not heard the petitioners and, it is argued, the order of transfer passed by the learned District Magistrate was vitiated. The material portion of sec. 528 of the Code of Criminal Procedure runs as follows: - "section 528 (2) - Any Chief Presidency Magistrate or Sub-Divisional Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to inquiry into or try the same. (3) The State Government may authorize the District Magistrate to withdraw from any Magistrate subordinate to him either such classes of cases as he thinks proper or particular classes of cases. (4) Any Magistrate may recall any cases made over by him under sec. 192, sub-sec. (2), to any other Magistrate and may inquire into or try such case himself. (5) A Magistrate making on order under this section shall record in writing his reasons for making the same. "