IBRAHIM MIAN ALIAS MD. IBRAHIM MANSUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Wasi Akhtar on the question whether after enquiry under Sec. 202 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') is taken up by the Magistrate taking cognizance, the Sessions Judge, exercising power under Sec. 408 of the Code Can direct the Magistrate to transfer the case to another Court of competent jurisdiction or not. Mr. Akhtar's contention is that such a transfer, particularly in case of a case triable by a Court of Session has been inhibited by express language in proviso of sub -section (2) of Sec. 202 of the Code.

(2.) It appears from the order -sheet of the case that when cognizance was taken and enquiry started in the Court of the Chief Judicial Magistrate, Motihari, the learned Sessions Judge ordered and accordingly the Chief Judicial Magistrate transferred the case to the file of another Judicial Magistrate Sec. 202 of the Code says -

(3.) This is circumscribed by the proviso which Mr. Akhtar has referred to, namely, the proviso to sub -section (2) of Sec. 202 of the Code: -