RAMASIS SINGH Vs. BHOLA SINGH

JUDGEMENT

(1.) The petitioner filed before the Subdivisional Magistrate of Arrah a complaint under Section 420, I.P.C., on the allegation that the accused bargained to give him in marriage a Rajput girl and thereby induced him to part with a sum of Rs. 640, but instead gave a girl of Kurmi caste. The learned Magistrate after recording the complaint thought that as the accused and some of the witnesses belonged to the District of Champaran the case could better be tried there and forwarded the complaint to the Magistrate of that district for disposal according to law. The view of the learned Magistrate about the convenience in trial may be correct, but unfortunately his proceedings are not warranted by the Criminal Procedure Code.

(2.) When a complaint is filed before a Magistrate of which he is empowered to take cognizance he has only three alternatives left to him: (1) either to dismiss the complaint if he does not believe it to be true, or (2) to direct an enquiry under Section 202 or (3) to issue his process for the attendance of the accused. I do not find that he has any power to send the case to another district himself. Certainly if he is a Magistrate empowered to make over a case to another Magistrate for enquiry and trial he can do so within the limits of his own jurisdiction, but the law has not given him power to send the case outside his jurisdiction. The complaint is in the eye of the law still pending before him.

(3.) The order of the Subdivisional Magistrate of Arrah forwarding the case to the Magistrate of Motihari is set aside. He is directed to proceed with the complaint according to law. The Magistrate of Motihari is also directed to send back the papers to the Magistrate of Arrah, Any orders passed by him since the papers were received by him are set aside. A copy of this order will be sent both to the Magistrate of Arrah and Motihari. Should any party feel any inconvenience on account of the trial being held at Arrah they have their remedy by moving a higher tribunal.