O R D E R

Being aggrieved and dissatisfied with order dated 5.10.2018, whereby an application under Section 408 Cr.P.C having been filed by the applicant-petitioner(hereinafter referred to as the “petitioner”) for transfer of case tilted as State of H.P. versus Anjali Sharma & others bearing FIR No.128 of 2017, dated 22.11.2017 under Sections 447, 352, 506, 34 of IPC pending adjudication before Gram Panchayat Bum, Tehsil Ghumarwin, District Bilaspur, H.P., to the Court of learned Additional Chief Judicial Magistrate, Ghumarwin, District Bilaspur, H.P., came to be allowed, petitioners- respondents (hereinafter referred to as the respondents) have approached this Court in the instant proceedings filed under Section 482 Cr.P.C, praying therein set-aside the aforesaid order.

2. Precisely, the ground as raised in the instant petition and has been further canvassed by learned counsel representing the petitioners- respondents is that since offences punishable under Sections 452, 354, 506 and 34 of IPC are exclusively triable by Gram Panchayat, Court below ought not have allowed the application filed by the respondent for transferring the case from Gram Panchayat Bum, Tehsil Ghumarwin, District Bilaspur, H.P., to the Court of learned Additional Chief Judicial Magistrate, Ghumarwin, District Bilaspur, H.P.

3. Pursuant to the notice issued in the instant proceedings, respondents have filed reply, whereby they have opposed the prayer made on behalf of the petitioners-respondents on the ground that since two FIR’s bearing No. 126 of 2017 and 128 of 2017, dated 22.11.2017 were registered by police Station Bharari, Tehsil Ghumarwin, District Bilaspur, H.P., qua the same incident and in one of the case lodged at the behest of respondents herein case was registered under sections 447, 352, 506 read with Section 34 IPC, which is exclusively triable by Judicial Magistrate, no illegality can be said to have been committed by learned court below while allowing the prayer made on behalf of the respondents to transfer both the cases to one Court, so that there is no conflict of judgment.

4. Having heard leaned counsel representing the parties and perused the material available on record, this Court finds that two cross-cases were filed at police Station, Bharari, Tehsil Ghumarwin, District Bilaspur, H.P., by the parties against each other qua the same incident. FIR No.126 of 2017 was filed by petitioners herein and accordingly, a case under Sections 452, 354, 506 read with Section 34 IPC was registered against the respondents herein and police after completion of the investigation presented the challan in the competent court of law i.e. Additional Chief Judicial Magistrate, Ghumarwin, District Bilaspur, whereas cross FIR No.128 of 2017 dated 22.11.2017 qua the same incident was lodged by respondent –petitioner and police after having completed the investigation filed the challan under Sections 447, 352, 506 read with Section 34 IPC before the Gram Panchayat, Bum.

5. Record reveals that both the parties to the lis are residents of the same area and dispute interse them occurred on account of some boundary dispute/ construction. No doubt, offences punishable under Sections 447, 352, 506 read with Section 34 IPC are triable by Gram Panchayat, but since it is not in dispute that cross FIR No.126 of 2017 qua the same incident was lodged by the petitioners herein and police therein after completion of the investigation presented the challan in competent court of law under Sections 452, 354, 506 read with Section 34 of IPC, which are otherwise exclusively triable by learned Additional Chief Judicial Magistrate, court below rightly ordered for clubbing both the cases, so that same are heard and decided by one Court. Since one of the parties to the lis have been charged under Sections 452, 354, 506 read with Section 34 of IPC, which is exclusively triable by Additional Chief Judicial Magistrate, court below rightly ordered for withdrawal/transfer of another FI