1 2025:CGHC:17998 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1286 of 2025 1 - Mohammad Iqbal S/o Mohammad Israel Aged About 44 Years R/o Village- Ara, Police Outpost- Bariyon, P.S- Rajpur, District- Balrampur- Ramanujganj (C.G.). ... Petitioner versus 1 - The State Of Chhattisgarh Through Station House Officer Police Station Rajpur, District Balrampur-Ramanujganj (C.G.) ... Respondent For Petitioner : Mr. Shakti Raj Sinha, Advocate For Res./State : Mr. Vivek Sharma, Additional Advocate General Hon’ble Shri Justice Ravindra Kumar Agrawal Order on Board 21.04.2025 1. The present petition has been filed by the petitioner challenging the order dated 06.02.2025 passed by the learned sessions Judge, Balrampur, Ramanujganj in Criminal Revision No. 12/2024 whereby the revision petition filed by the petitioner against the order dated 27.02.2024 passed by learned Judicial Magistrate First Class, Rajpur in Criminal Case No. 63/2023 is dismissed. 2 2. The facts as emerges from the pleadings as well as the document annexed with the petition are that the petitioner is an accused in the Crime no. 43/2022 registered at Police Station- Rajpur, District- Balrampur, Ramanujganj for the offence under Section 420 of IPC. After due investigation, chargesheet was filed on 07.02.2023 against the petitioner before the Judicial Magistrate First Class, Rajpur for the offence under Section 420, 419, 409, 467, 468, 471 of IPC. And Section 7 of the Essential Commodities Act, 1955 and Section 13(2) of the Prevention of corruption Act, 1955. During the proceeding of the Criminal Case, the learned trial Court has framed the charges against the petitioner vide order dated 27.02.2024 for the offence under Section 420, 419, 409 467, 468 and 471 of IPC and Section 7 of Essential Commodities Act, 1955 and Section 13(2) of the Prevention of Corruption Act, 1988. The said order dated 27.02.2024 was challenged by the petitioner by filing Criminal Revision No. 12/2024 before the learned Sessions Judge, Balrampur which has been dismissed vide order dated 06.02.2025. the said order is under challenged in the present petition. In the meantime, and application under Section 323 of Cr.P.C. has been filed by the prosecution on 02.03.2024 stating therein that the jurisdiction to try the case for the offence under Section 13(2) of the Prevention of Corruption Act, 1988 with the the Special Court and therefore, the case may be transferred to the Court of learned Special Judge (Prevention of Corruption Act). After hearing the parties, vide order dated 05.03.2024, the learned trial Court has directed that the Criminal Case No. 63 of 2023 be transferred to the Court of learned Special Judge (Prevention of corruption Act), Balrampur place Ramanujganj as the same was triable by learned Special Court and fixed the case for 20.03.2024 for appearance of the accused there. 3. The learned counsel for the petitioner would submit that the learned Judicial Magistrate First Class has no jurisdiction to frame charge and to try the case for the offence under Section 13(2) of Prevention of Corruption Act, 1988 3 and therefore, the order dated 27.02.2024 may be quashed and the petitioner may be discharged. 4. Per contra, learned Stated counsel would submit that by the order dated 05.03.2024, the trial of the case has already been transferred to the Court of learned Special Judge, (Prevention of Corruption Act), Balrampur and as on date there is no case pending before the learned Judicial Magistrate First Class, Rajpur and it is for the learned Special Court to frame the charge in accordance with law or to alter or modify the charges which has already been framed by the learned Judicial Magistrate First Class, Rajpur. Therefore, there is no merits in the present petition and the same is liable to be dismissed. 5. Vide order dated 11.04.2025 this Court has directed to call for a report from the concerned Magistrate, Rajpur with respect to the status of the case. Today a report has been received from the Principals District and Sessions Judge, Balrampur, Place- Ramanujganj through E-mail stating therein that at present the case is pending before learned Special Judge (Prevention of Corruption Act) and no case is pending before the learned Judicial magistrate First Class, Rajpur as the same has been transferred vide order dated 05.03.2024. 6. I have heard learned counsel for the parties and perused the material available in the petition as well as the report sent by the Principal District and Sessions Judge, Barlrampur, Ramanujganj. 7. From the document annexed with the petition as well as report received by the Principals District and Sessions Judge, Balrampur, Ramanujganj though the charge for the aforesaid offences were framed before the judicial Magistrate First Class, Rajpur but on an application under Section 323 of Cr.P.C. being made by the prosecution vide order dated 5.3.2024 the case has been transferred to the Court of learned Special Judge (Prevention of Corruption Act), Balrampur, Ramanujganj and at present, no case is pending 4 before the learned Judicial Magistrate First Class, Rajpur. Since the case is pending before the learned Special Judge, (Prevention of Corruption Act), Balrampur, it is for the Special Court either to frame additional charge or alter the charge already been framed by the Judicial magistrate First Class in accordance with law as per Section 216 of Cr.P.C. 8. Since the challenge in the present petition is to order dated 27.02.2024 by which the learned Judicial magistrate First Class, Rajpur had framed charges against the petitioner, but in view of the fact that the case has already been transferred to the learned Special Judge, (Prevention of Corruption Act), Balrampur having jurisdiction to try the offences, no adjudication is required at present in the petition as claimed by the petitioner. 9. In view of the above, that the case has already been transferred to the Court learned Special Judge, (Prevention of Corruption Act), Balrampur, the CRMP is disposed of. However the petitioner is at liberty to raise his grievances before the learned trial Court in accordance with law, if so advised. Sd/- (Ravindra Kumar Agrawal) Judge amita Digitally signed by AMITA DUBEY Date: 2025.05.06 09:43:35 +0530