1. In the instant application, the petitioner prays for transfer of Ara GRPS UD Case No. 42 of 2007, and Ara G.R.P.S. Case No. 73 of 2007, dated 6.12.2007, from the Court of Railway Magistrate, Ara to relevant court within Patna Sessions Division.

2. The issue involved in this case is whether at the stage of investigation, a case can be transferred from one district to another district, or in other words, from one Sessions Division to another Sessions Division under Section 407 Cr.P.C

3. The prosecution case is as follows; a dead body in a mutilated condition was found on the railway track of Karisath Railway Station, within Ara district. The G.R.P. Ara Railway Station with aid of mobile of deceased found near her dead body, traced the parentage of girl and informed her father, one Birendra Prasad Singh of the incident, who subsequently lodged a report with Ara Rail P.S. on 6.12.2007.

4. In his report, he stated that her daughter Sonu, aged about 20 years, had affairs with one Rajesh Bhardwaj son of this petitioner. They used to regularly talk for hours on phone and mobile. In the night of 30.11.2007 at 10 P.M., the aforesaid Rajesh Bhardwaj took the informants daughter So