IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47610 of 2007 1. SUDHAKAR PATHAK, Son of Late Bharat Pathak 2. Shiv Nath Pathak, Son of Late Dukhi Pathak 3. Sanjay Pathak, Son of Shree Shiv Nath Pathak, All resident of village- singhi, Police station Bhagwanpur, District- Kaimur (Bhabhua) Versus 1. THE STATE OF BIHAR 2. Ashok Pathak Son of Late Ram Icha Pathak resident of village Singhi, P.S. Bhagwanpur, District- Kaimur, Bhabhua. For the Petitioner :- Md. Kali Prasanna Dubey, Advocate. For the Respondents:- Md. Shashi Shekhar Divedi, Advocate. For the State :- Mr. Raj Ballabh Singh, A.P.P. ------------------------- 12. 07.12.2010 Heard learned counsel for the petitioner and the State. The petitioner is challenging the order dated 9.5.2010 by which the Court below has transferred Bhagwanpur P.S. Case No. 46 of 2005 pending in the Court of Judicial Magistrate, 1st Class, Bhabhua to the Court of F.T.C. V Bhabhua. The petitioner challenges the order impugned on the ground that case no. 46 of 2005 was already in progress and the application filed to transfer the counter case has been made at a belated stage. This quashing application was dismissed for default on 10.2.2009 and subsequently, restored vide order of this Court on 15.4.2009. After the restoration application apparently an application 2 was filed challenging the order of the trial Court to hear in this matter. The Court rejected the application on 29.6.2010 in view of the decisions of the Apex Court in Nathi Lal & Ors. Vs. State of U.P. & Anr. reported in 1990 SCC (Cri.) 638 and also in view of the principles laid down in the case of Sudhir & Ors. Vs. State of M.P. reported in 2001 SCC (Cri.) 387. I do not see any illegality in the order. This application is dismissed. Anand Kr. ( Sheema Ali Khan, J.)