Judgment

FATHIMA BEEVI, J. :- Special leave granted.

The legality of the order of the High Court dated 19-8-1989 passed on an application made under Section 482, Cr.P.C. is challenged in this appeal. In a case instituted on a private complaint by the appellant for offences under Sections 452 and 323, I.P.C., the Judicial Magistate First Class, Patna, in exercise of power under Section 192(2), Cr.P.C. transferred the case for enquiry under Section 202 of the Cade. The Court of the Second Class Magistrate, after examining witnesses, by order dated 22-3-1985 issued process to the two accused the respondents herein. The order of the Magistrate issuing process was challenged by the respondents 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 cognizance of the offence and the subsequent proceedings were, therefore, illegal. the High Court, by its order dated 20-8-88, dismissed the petition. It was found that there was no such illegality. The respondents again made Crl. Misc. Petn. 2314/ 89 under Section 482, Cr.P.C. before the High Court alleging, inter alia, that the record of