Das Gupta, J. - (1.) The main point taken on behalf of the petitioner in support of the application against an order passed by the learned Magistrate, Barrackpore, under section 133, Cr. P.C, is that the learned Magistrate had no jurisdiction to pass such order.
(2.) It appears that an application asking for proceeding for action under section 144, Cr. P. Code, was filed on behalf of the Garulia Municipality, before the S.D.O. of Barrackpore. The S.D.O. without taking any action himself transferred the petition to Mr. S. R. Bhattacharya. Mr. Bhattacharya while holding that there was no case for action being taken under section 144. Cr. P. Code, considered that action under section 133, Cr. P. C, was called for and so drew up proceedings under that section calling upon the petitioners to cease carrying on the trade of manufacturing bricks in holding No. 124 of the Municipality or to appear before him to show cause why that order should not he enforced. Ultimately after evidence had been recorded by Mr. Bhattacharya, he was transferred before argument could be heard. Thereupon the S.D.O. withdrew the proceedings to his own file and transferred them to Mr. S. M. Mukherjee. Mr. S.M. Mukherjee made the final order in the case against which the petition is directed.
(3.) Mr. Banerjee contends that the initial order of transfer of the application which was for action under section 144, Cr.P.C. was invalid in law. In my judgment there is no substance in this contention. Section 192 of the Code of Criminal Procedure which empowers a Sub-divisional Magistrate to transfer cases to other Magistrate is in these words : "...the Sub-divisional Magistrate may transfer any case of which he has taken cognisance, for enquiry or trial, to any Magistrate subordinate to him.";