1. This Criminal Original Petition, challenging the legality of the order of the learned Chief Judicial Magistrate, Vellore dated 31.01.2007 in C.C.No.6 of 2000 on the file of Special Judicial Magistrate No.IV, Tirupattur, transferring the said case again to the very same magistrate after the case had been referred to the Chief Judicial Magistrate under Section 325 Cr.P.C., has been filed invoking the inherent powers of the High Court under Section 482 Cr.P.C

2. This Court heard the submissions made by Mr.P.G.Perumal Pandian, learned counsel for the petitioner and Mr. I Paul Nobel Devakumar, learned Government Advocate (Crl.side) representing the respondent. The materials placed on both sides were also perused.

3. The short question that arises for consideration in this petition is:- "whether the Chief Judicial Magistrate, to whom a case has been referred under Section 325 Cr.P.C, can retransfer the same to the very same Judicial Magistrate or assign it to any other Judicial Magistrate?"

4. Before dealing with the above said abstract question, this Court deems it fit to recite the brief facts leading to the filing of this petition:-

The petitioner is the accused in C.C.