A District Magistrate cannot transfer a case to a Magistrate subordinate to him who has no jurisdiction over the matter, before the District Magistrate himself takes cognizance of the case.

P. RAMACHANDRA RAJU, J.

( 1 ) 1. This Criminal Miscellaneous Petition is filed to quash the proceedings in m. C. No, 4 of 1974 on the file of the court of the Sub-divisional Magistrate, chittoor.

( 2 ) THE petitioners are respondents 1 to 6 and 8 to 20 in M. C, No. 4 of 1974 referred to above against whom notices were issued under section 112, of the code of Criminal Procedure (old), by the sub-divisional Magistrate Chittoor, to show cause why they should not be ordered to execute a bond for a sum of rs. 500/- with two sureties for a like sum for keeping the peace for a period of one year, alleging several wrongful acts against them and that they are likely to commit breach of the peace or disturb the public tranquillity. The Information under section tion 107, Code of Criminal Procedure, was laid before the Sub-divisional Magisstrate, chandragiri by the Inspector of police, Ttrupathl (Rural) and the case transferred by the District Magistrate, chittoor from the file of the Sub-divisional Magistrate. Chandragiri, to the file of the Sub-divisional Magistrate. Chittoor for the reason that at that time the Sub-divisional Magistrate, chandragiri was not conferred with the powers of a First Class magistrate and therefore he is not competent to deal with the matter. Admittedly neither the petitioners reside nor the wrongful acts complained of were done within the territorial jurisdiction of the Sub-divisional Magistrate, Chittoor. Therefore, normally he is not competent to take cognizance of the matter and enquire into it.

( 3 ) THE objection of the petitioners is that the District Magistrate, Chittoor, has no jurisdiction to transfer the proceedings from the file of the Sub-divisional magistrate, Chandragiri to the file of the sub-divisional Magistrate. Chittoor without himself taking cognizance of the case before the transfer.

( 4 ) IN order to understand the objection raised by the petitioners whether the District Magistrate, Chittoor, has power to transfer the case in the manner he did, it is necessary to examine the relevant provisions of the Code of criminal Procedure (old)- Section 190 of the Code of Criminal Procedure deals with taking cognizance of offences by Magistrates. It is provided under Sub-seclion (I) of Section 190, that except what was mentioned therein, anypresidency Magistrate, District magistrate, or Sub-divisional Magistrate and any Magistrate specially empowered in that behalf, may take cognisance of any offence. . . . . . . (a) upon receiving a complaint of facts which constitute such offence: (b) upon a report in writing of such facts made by any Police Officer: and (c) upon information- received from any person other than a Police Officer, or upon his own knowledge or suspicion, that such offence has been committed. It is provided under Sub-section (2) of that section that the State Government, or the District Magistrate subject to the general or special orders of the State government, may empower any Magistrate to take cognisance under Sub-section (I) clause (a) or clause (b ). of offences for which he may try or commit for trial. Section 192 of the Code of Criminal Procedure deals with transfer of cases by magistrates. We are more concerned with this provision in dealing with the mafer in the present petition. Therefore it is convenient to extract the same here. 192. (1) Any Chief Presidency magistrate, Disrict Magistrate or Sub- divisional Magistrate may transfer any case, of which he has taken cognisance, for Inquiry or trial, to any Magistrate subordinate to him. (2) Any District Magistrate may empower any Magistrate of the first class who has taken cognisance of any case to transfer it for Inquiry or trial to any other specified Magistrate in his District who. is competent under this Code to try the accused or commit him for trial; and such Magistrate may dispose of the case accordingly -. "

( 5 ) A reading of the above section would show that Sub-section (2) of Section 192 Cr. P. C. has no application

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