Das Gupta, J

[1] The opposite party Manik Chandra Raul filed a petition of complaint before a Union Bench against the present petitioner and one Sk. Shibu alleging that when the complainant was working In the field, Sk. Shibu, under the orders of the petitioner, tied the complainant with a napkin and then both assaulted him as a result of which one tooth of the complainant was dislodged. After process had been issued against the accused and when the case was pending before the Union Bench, an application was made by the petitioner before the Sub-divisional Magistrate praying that under the provisions of section 66 of the Bengal Village Self-Government Act the Sub-divisional Magistrate should transfer the case to a Court subordinate to himself. The learned Magistrate has rejected this petition on the ground that this is premature. Against this order of the learned Magistrate the petitioner filed an application asking this Court for exercise of its powers under section 439 of the Code of Criminal Procedure.

[2] The first question that arises is whether this Court can interfere with the order passed by the Sub-divisional Magistrate rejecting the prayer for transfer, In exercise