Ravi Nath Verma, J. - (1.) The sole petitioner has challenged the legality of the order of the Principal District Judge, Latehar dated 08.06.2015 passed in Cr. Misc. Case No. 04 of 2015 by which the court refused to transfer the complaint case no. 168 of 2011, pending in the court of Chief Judicial Magistrate, Latehar to the court of Sub-Divisional Judicial Magistrate, Latehar.
(2.) Heard the learned counsel Mr. Tiwari appearing for the petitioner as well as learned counsel representing the State.
(3.) It appears from the order-sheet enclosed with the writ petition that in the year 2011, one complaint case was filed under Section 420 of I.P.C. and also under Section 138 of N.I. Act where after vide order dated 30.05.2012, the court took cognizance of the offence in the above two provisions. Aggrieved by the said order, the accused persons preferred one Criminal Miscellaneous Petition bearing No. 1129 of 2012 in this court and vide order dated 10.07.2012, direction was given not to take any coercive step against the petitioner-accused, which continued till 10.01.2014. This court quashed the order taking cognizance with respect to Section 420 of I.P.C. but directed the court concerned to proceed in accordance with law against the accused under Section 138 of N.I. Act. Thereafter, the court examined few witnesses. On 10.03.2015, the court of S.D.J.M., Latehar directed the complainant to produce witnesses on 18.04.2015 but before 18.04.2015, by the order of the Principal District Judge, Latehar, the case was transferred from the court of S.D.J.M., Latehar to the court of C.J.M., Latehar. The accused preferred an application before the Principal District Judge, Latehar for re-transfer of the said case to the court of S.D.J.M. but after hearing both the parties, the Principal District Judge, Latehar vide order dated 08.06.2015 rejected the prayer holding as follows:- "Taking into consideration of entire facts and circumstances, from the material as well as discussion made above, I find no ground for transfer of the record pending in the court of the C.J.M., Latehar and instant petition filed by present petitioner it is none else, but delaying tactics either one pretext or other." The court further directed the Chief Judicial Magistrate, Latehar to expedite the matter and conclude the trial within two months. Being aggrieved by the said order, the petitioner has preferred this writ application.;