1. In this application, the petitioner has prayed for quashing the order dated 30.10.2015 passed by the learned CJM, Ramgarh whereby and whereunder on the prayer made by the Inspector General (Prison), Jharkhand the petitioner has been directed to be transferred from Lok Nayak Jay Prakash Narayan Central Jail, Hazaribagh to Dumka Central Jail. A further prayer has been made for quashing the order dated 02.11.2015 by which the prayer of the petitioner not to shift to any other jail from Hazaribagh Central Jail has been rejected.

2. In connection with Patratu P.S. Case No. 309 of 2014 which was instituted for the offences punishable under Sections 364/34 of the Indian Penal Code the petitioner was arrested and was lodged at Hazaribagh Central Jail as an under trial prisoner. A letter bearing no. 5116 of 2015 dated 29.10.2015 along with Memorandum bearing no. 2699 dated 28.10.2015 was issued by the Inspector General of Prisons, Jharkhand in which a request was made to the learned trial court for transferring the petitioner from Lok Nayak Jay Prakash Narayan Central Jail, Hazaribagh to Dumka Central Jail.

3. The learned Chief Judicial Magistrate, Ramgarh vide order dated 30.10.2015 was pleased to pass an order allowing such prayer made. Since the petitioner was apprehending a threat to his life, he filed an application on 30.10.2015 before the learned Chief Judicial Magistrate, Ramgarh not to shift him from Hazaribagh Central Jail to Dumka Central Jail. However, in terms of the order dated 02.11.2015 the prayer made by the petitioner was rejected.

4. Heard Mr. Indrajit Sinha, learned counsel appearing for the petitioner and Mr. Suraj Verma, learned A.P.P., for the State.

5. Mr. Indrajit Sinha, learned counsel appearing for the petitioner, has submitted that the impugned orders have been passed without application of mind and without assigning any reasons. It has been submitted that merely on the request of the Inspector General (Prison), Jharkhand, Ranchi and based on confidential letter the petitioner was directed to be transferred from Central Jail, Hazaribagh to Central Jail, Dumka, when admittedly there is immense threat on the life of the petitioner and which has been brought to the knowledge of the court below in his petition dated 30.10.2015. Learned counsel further submits that neither the Prisoners Act nor the Prison Act provide for any transfer of an under trial prisoner and, therefore, in absence of any such provision the impugned order deserves to be quashed and set aside. To fortify his argument, learned counsel has referred to the judgment in the case of State of Maharashtra and Others vs. Saeed Sohail Sheikh And Others reported in (2012) 13 SCC 192.

6. Mr. Suraj Verma, learned A.P.P., in support of the state action in seeking transfer of the petitioner from Central Jail, Hazaribagh to Central Jail, Dumka has stated that the transfer of a prisoner from one Jail to another is prerogative of the State Government which can be undertaken on administrative reasons as well as on other factors. Learned counsel submits that Rule 30 and 770 (B) of the Jharkhand Jail Manual does give the power to the Inspector General (Prison) seeking transfer of a prisoner from one jail to another. Considering such circumstance, no illegality has been committed by the learned Chief Judicial Magistrate, Hazaribagh in the impugned orders dated 30.10.2015 and 02.11.2015 and, therefore, learned A.P.P. seeks dismissal of the present application.

7. The foundation for passing the impugned orders dated 30.10.2015 and 02.11.2015 is a confidential letter issued by the Superintendent of Police, Hazaribagh dated 10.10.2015 and letter no. 5116 of 2015 dated 29.10.2015 along with memorandum bearing no. 2699 dated 28.10.2015 issued by the Inspector General (Prison), Jharkhand. The prayer as it seems have been allowed by the learned court below in its order dated 30.10.2015 in a routine manner. When the petitioner filed an application not to shift him to a