The High Court quashed the order transferring a police case from Daltonganj to Ramgarh and the subsequent SPL letter, as the Railway Judicial Magistrate lacked jurisdiction to make the transfer. The application to quash is allowed.
The order dated 29.06.2017 and letter No. 2214 dated 28.08.2017 are quashed and set aside.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 539 of 2018
Order No. 04 Dated 13 th March, 2018
Defects No. 9(vi) is ignored.
Heard Mrs. Vandana Singh, learned counsel for the petitioners and Mr. Arun Kumar Pandey, learned APP for the State.
This application is directed against the order dated 29.06.2017 passed by learned Railway Judicial Magistrate, Daltonganj in G.R. No. 1176 of 2017 by which Barkakana P.S. Case No. 06 of 2017 was transferred to the court of learned Chief Judicial Magistrate, Ramgrarh. A further prayer has been made for quashing the letter No. 2214 dated 28.08.2017 issued by the Superintendent of Police, Ramgarh for instituting Patratu P.S. Case No. 213 of 2017 and also for quashing of the entire criminal proceeding arising out of Patratu P.S. Case no. 213 of 2017.
The petitioners had moved this Court for grant of anticipatory bail vide A.B.A. No. 5821 of 2017 and the same was allowed on 06.11.2017 by this Court. Subsequently by virtue of the impugned order dated 29.06.2017 an application was filed for modification of the order passed in A.B.A. No. 5921 of 2017 in view of the changed circumstance, but the same was permitted to be withdrawn vide order dated 12.01.2018. The learned Railway Judicial Magistrate, Daltonganj did not have the jurisdiction to transfer the case from Daltonganj to the Court of learned Chief Judicial Magistrate, Ramgarh. However in spite of the same on an application order of transfer was passed on 29.06.2017 and consequent to the said order, a letter was issued by the
Superintendent of Police, Ramgarh in which Barkakana P.S. Case No. 06 of 2017 was virtually renamed as Patratu P.S. Case No. 213 of 2017. Since the learned Railways Judicial Magistrate did not have the jurisdiction to transfer Barkakana P.S. Case No. 06 of 2017 to the Court of learned Chief Judicial Magistrate, Ramgarh, the impugned order dated 29.06.2017 is hereby quashed and set aside. Consequent to the quashment of the order dated 29.06.2017, the subsequent letter No. 2214 dated 28.08.2017 issued by the Superintendent of Police, Ramgarh also stands quashed.
This application stands allowed.
(Rongon Mukhopadhyay, J)
MK
2 issues framed by the court
Whether the learned Railway Judicial Magistrate, Daltonganj had jurisdiction to transfer the case to the Court of the Chief Judicial Magistrate, Ramgarh.
Whether the letter issued by the Superintendent of Police regarding the renaming of the case and subsequent criminal proceedings stands valid.
Ram Keshwar Munda
Rajendra Ram
Pawan Karmali
Anil Nayak
Rakesh Sahu
Chhotu Karmali
Rongon Mukhopadhyay
As recorded by the court registry
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