IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27768 of 2008 VYASHJEE PRASAD @ VYASH PRASAD GUPTA & ANR Versus THE STATE OF BIHAR & ORS ----------- 03 16.07.2008 Criminal writ petition being CWJC No. 25 of 2006 by one Ramakant Singh, he was objecting to the jurisdiction of the Additional Chief Judicial Magistrate, Gopalganj, who have passed the order on 07.04.2003 in Gopalganj (Yadawpur) Police Station Case No. 381 of 2000, which was instituted by the writ petitioner Ramakant Singh. By that order, which is Annexure-5, to the writ petition, the learned Additional Chief Judicial Magistrate clearly recorded in the supervision note of the Superintendent of Police, Gopalganj, recommendation has been made to transfer the case to Confiscation Case No. 42 of 1996, pending before the Forest Official of Chapra. In view of the said recommendation, in the supervision, the learned Additional Chief Judicial Magistrate ordered in the criminal case, which was pending before him to be transferred to the Forest Official at Chapra and to be tagged with Confiscation Case No. 42 of 1996. As no such power to transfer a criminal 2 proceeding to a Forest Official’s Court and to tag with a confiscation proceeding existed. This Court set aside that order and directed the trial to proceed being under impression that upon chargesheet the Magistrate had taken cognizance in the present application being Cr. Misc. No. 2116 A of 2008. It is submitted by Sri Giri, learned Senior counsel that the said order was obtained from this Court by misrepresentation of fact. The petitioners in this Cr. Misc. application are non est than the persons who are made accused by the writ petitioner of the earlier writ petition but had filed a criminal case being Complaint No. 1746 of 2000, which gave rise to Gopalganj (Yadawpur) Police Station Case No. 381 of 2000, that case was filed by that writ petitioner on the ground that he learnt that he had been impersonated in the confiscation proceedings being Case No. 42 of 1996, which was then pending before the Forest Official of Chapra. Having examined the matter afresh, I find that there is nothing in my order which requires to be reconsidered. The learned 3 Magistrate by the order impugned had clearly acted without jurisdiction, to which Sri Giri takes no exception. No criminal Court can transfer a proceeding pending before it to a Forest Official and tag the criminal proceedings with any confiscation proceedings. The order had to be set aside, it was set aside. The consequences would automatically flow whether this Court passed any order or not i.e. the criminal case which was pending as noticed above being Gopalganj (Yadawpur) Police Station Case No. 381 of 2000, arising from Complaint Case No. 1746 of 2000 would continue in its normal course and would proceed accordingly in accordance with law. No one can interpret my earlier order to mean that where a person has been acquitted in any other case that case is to be reopened or a person who has not been made an accused in the present case could be proceeded against in the present case. With the aforesaid clarification, the application stands dismissed. Trivedi/ (Navaniti Prasad Singh,J.)