IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.958 of 2009 Kripa Narayan Singh, son of late Prabhu Narayan Singh, resident of village- Nandana, P.S.-Chainpur, District-Kaimur at Bhabua. -Petitioner. VERSUS 1. The State of Bihar through the Legal remembrance can have Secretary. 2. District & Sessions Judge, Kaimur at Bhabhua. 3. Chief Judicial Magistrate, Kaimur at Bhabua. -Respondent 1st Set. 4. Ram Ji Singh @ Satyanand Son of Punyadeo Singh, resident of village- Chandauli, P.S.-Ashaoan, District-Siwan (Bihar), at present Bhabua Kuti, near Collectorate, Kaimur at Bhabua, branch Bramha Vidyalaya & Aashram Chhotaka Rajpur. 5. Arvind Kr. Mishra @ Vedprakashanand son of not know, resident of village Bhabua Kuti, near Collectorate, Kaimur at Bhabua, branch Bramha Vidyalaya & Aashram Chhotaka Rajpur. 6. Mohamad Rijwan, son of not know, at present posted as Anchaladhikari, Chainpur, P.S.-Chainpur, District-Kaimur at Bhabua. -Respondent 2nd Set. ----------- 02 30.11.2009 From perusal of records it appears that petitioner had filed a complaint before the Chief Judicial Magistrate, Kaimur at Bhabua. On various dates he examined witnesses. He then filed certain papers and documents and the matter was argued. While the matter was pending, on several dates thereafter no orders were passed and then petitioner also was not pursuing the matter. From the order sheet, it is then evident that the Presiding Officer was then transferred. The petitioner in the meantime moved the learned Sessions Judge by filing a miscellaneous application for transfer of the case. The learned Session Judge called for the records to examine the same. The present application is with the grievance that nothing has proceeded in the matter any further. In my view, if the records are with the learned Sessions Judge in respect of the miscellaneous case filed by him, he would appear before the learned Sessions Judge, as regular C.J.M. has - 2 - now been posted, would pray that the records would immediately sent down to the Chief Judicial Magistrate, who would on receipt of the record pass orders in accordance with the law immediately. But, one thing is clear, making the aforesaid grievances, it was not necessary for the petitioner to make the learned Sessions Judge and the C.J.M. as a party to the writ petition. They being the Judicial Officers cannot be made party to litigation nor can they be made respondents, especially when there are no personal allegations against the said Officers. The writ petition itself stands disposed of with the aforesaid observations. Trivedi/ (Navaniti Prasad Singh, J.)