The petitioner is the complainant in C.C. 75 of 1977 on the file of the Judicial Magistrate, First Class, Tirur. The complaint was filed against the 1st respondent, who is the circle Inspector of Police, Nilambur alleging acts of torture of the petitioner and another Harijan in the course of an incident which took place on the 25th June, 1976. The 1st respondent filed C.M.P. 7 of 1978 under Section 410 of the Cr.P.C. for transfer of the case to some other court within the jurisdiction of the Chief Judicial Magistrate, Manjeri. The reasons mentioned for transfer are not relevant for the disposal of this petition. Pending disposal of the petition, the 1st respondent filed C.M.P. 167 of 1978 for stay of proceedings in C.C. 75 of 1977 till the disposal of C.M.P. 7 of 1978. The Chief Judicial Magistrate allowed the petition. The present petition is filed under Section 482 of the Cr.P.C. for quashing the order of stay.

2. The contention put forward on behalf of the petitioner is that the Chief Judicial Magistrate has no jurisdiction to stay trial of the proceedings, pending orders of withdrawal under Section 410 of the Cr.P.C. Reference was made to Sections 407(6) and 408(3)