M. P. Singh. J.

This is an application by the accused - Petitioners under section 482 of the Criminal Procedure Code for quashing the order passed by the trying magistrate, dated the 26th February, 1979 refusing to transfer the case to a Bench of a Gramkatchery for trial. It appears that the accused moved the Sessions Judge, Arrah for giving a direction that the case be sent to the Gramkachari for trial but the revision petition (Cr. Revision No. 99 of 1979) was dismissed by the Addl. Sessions Judge by order dated the 10th May, 1979. The relevant facts for the purpose of this application are these.

Cognizance was taken by the Chief Judicial Magistrate under section 452 and 323 read with section 34 of the Indian Penal Code. The case was then transferred to a judicial magistrate for disposal. Charges were framed for offences under sections 448 and 323. No charge was framed under section 452 of the Indian Penal Code, The offences under section. 448 and 323 are triable by the Bench of a Gram Katchery. The two courts below took the view that the jurisdiction of the Gram Katchery was ousted on the very day when the case was found to be under section 452 of the Indian Penal Code at