The Chief Judicial Magistrate has the power to withdraw any case from any Magistrate subordinate to him, even if such case has not been made over by him to such Magistrate.

( 1 ) THIS revision has been preferred against the revisional order dated 13. 4. 1988 passed by the V. Addi. Sessions Judge, Fatehpur Setting aside the order dated 19-11-1987 of the CJ. M. Fatehpur regarding the release of a Tractor.

( 2 ) THE relevant facts necessary for the decision of this revision may be narrated that the Tractor No. V. R. S. 1887 was seized by the Police of P. S. Dhata, District Fatehpur. Sri Prem Narain Singh, the present revisionist (Hereinafter referred as the revisionist) moved to the Magistrate Khaga for the release of the Tractor. He moved an application before the C. J. M. for transfer of the case from that Court. The C. J. M. withdrew that case to his own Court vide order dated 6th November, 1987. On 19-11-1987 he ordered the release of the Tractor in favour of the revisionist. Sri Ramraj Singh the present opposite party preferred a revision against that order. One of the contentions raised before the learned Add!. Sessions Judge was that the case had not been made over to the Munsifmagistrate Khaga, by the Chief Judicial Magistrate and as such he had no power to with draw the case and the order passed by the Munsiff Magistrate was without jurisdiction and nullity, The learned Addi. Sessions Judge accepted his contention. It was contended on behalf of Sri Prem Narain Singh before the learned Addi. Sessions Judge that the revision was not against the withdrawal of the case but against the final order. The learned Addi. Sessions Judge was of the opinion that the C. J. M. had no power to withdraw the case, hence proceedings conducted by him had become illegal in the eye of law and as such the impugned order was bad. He set-aside the Magistrates order and remanded the case to the Munsiff - Magistrate Khaga. Being aggrieved, Sri Prem Narain Singh has preferred this revision.

( 3 ) I have heard the learned Counsel for the parties and perused the records.

( 4 ) THE learned Counsel for the revisionist has contended that under section 410 Cr. P. C. . the Chief Judicial Magistrate has power to withdraw any case from the record of the Judicial Magistrate and may also try the same and that the respondent did not challenge the order of withdrawal of the case, participated in the proceedings before the Chief Judicial Magistrate and therefore, the revision should not have been decided on this point. According to the revisionist the merits of the case should have been considered by the Addi. Sessions Judge. Section 410 Cr. P. C. . reads as under: 410. TI Withdrawal of cases by Judicial Magistrates. (1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same. (2) Any Judicial Magistrate may recall any case made over by him under Subsection (2) of Section 192 to any other Magistrate and may inquire into or try such case himself. It is contended by the learned counsel for the revisionist that the findings of we Addi. Sessions Judge that only those cases may be withdrawn by the Chief Judicial Magistrate from the Magistrate which have been made over by him (the Chief Judicial Magistrate) to the Magistrate is against express provisions of Section 410 Cr. P. C. I find much force in this contention.

( 5 ) SECTION 410 Cr. P. C. contemplates two situations; - firstly withdrawal of cases and secondly the recall of cases by the Chief Judicial Magistrate. The insertion of, (Coma) after the words case from and before the words or recall and the absence of coma after the words recall any case clearly goes to show that the words which he has made over to governs the words: or recall any case and not to earlier part of the Section of the words withdraw any case from. Therefore, in my opinion under this section the Chief Judicial Magistrate is empowered to withdraw any case from any Ma