From the Judgment and Order dated 19.8.1989 of the Patna High Court in Criminal Miscellaneous No.
In a case instituted on a private companyplaint by the appellant for offences under sec tions 452 and 323 I.P.C., the Judicial Magistrate First Class, Patna, in exercise of power under section 192 2 Cr.
1985 issued proc ess to the two accused, the respondents herein.
The Court of the Second Class Magistrate, after examining witnesses, by order dated 22.3.
128 of 1990.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
P.C. transferred the case for enquiry under section 202 of the Code.
K. Garg and A. Sharan for the Respondents.
2314 of 1989.
D. Sikri, Ranjan Mukherjee and D. Goburdhan for the Appellant.
1989 passed on an application made under section 482 Cr.
The legality of the order of the High Court dated 19.8.
The order of the Magistrate issuing process was challenged by the re spondents under section 482 before the High Court.
The main ground urged before the High Court was that the First Class Magistrate had transferred the case without taking companyni zance of the offence and the subsequent proceedings were, therefore, illegal.
P.C. is challenged in this appeal.
The Judgment of the Court was delivered by FATHIMA BEEVI, J. Special leave granted.
