Ashutosh Kumar, J.

The present petition under section 407 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) has been filed at the instance of the Commanding Officer, Headquarters, Recruiting Zone, Danapur Cantt., Patna, challenging the order dated 22.04.2017, passed by the learned Additional Chief Judicial Magistrate, Danapur (Patna) in connection with Shahpur P.S. Case No. 19 of 2017, dated 28.01.2017, instituted for the offences under Sections 420, 467, 468, 471/34 of the Indian Penal Code, whereby the prayer made on behalf of the petitioner for transferring the case of the newly added opposite party Nos. 3 and 4 (serving Army personnel) from the Ordinary Criminal Court to the Military Court, to be tried under the Army Act, 1950 (hereinafter referred to as the Army Act), has been refused.

2. A written report was submitted by opposite party No. 2, Sub-Inspector of Police, Shahpur Police Station on 28.01.2007, alleging that five named accused persons along with others were attempting to sabotage the appointment process in the Indian Army by arranging for fake documents and certificates for the purposes of such appointment, at the instance of the