ORDER Hari Shankar Prasad, J. 1. This application under Section 482, read with Section 407(1)(C)(ii) of the Code of Criminal Procedure (hereinafter to be referred as Code) has been filed for quashing the order dated 21.3.2003 passed in Complaint Case No. 20 of 2003 and/or in alternative for transfer of the said Complaint Case No. 20 of 2003 pending in the Court of Shri R.K. Mishra, learned Judicial Magistrate, 1st Class, Madninagar at Daltonganj. 2. The only contention of the learned counsel for the petitioners is that on the basis of anonymous letter that stolen jeep No. WB 428 9029 involved in Garhwa P.S. Case No. 205 of 1999, dated 15.12.1999 under Section 379, IPC, by its owner Mukhtar Ahmad is stationed near the house of one Kariman Mian bearing number plate of BR 15P 0427 and on verification, the aforesaid jeep was found stationed on the road in front of the house of one Pradeep Singh and Kariman Mian on inquiry stated that he had purchased the jeep for a price of Rs. 1,00,000/- from Basir Ahmad of village Bhaibigha, P.S. Haidarnagar, District- Palamau and for want of space the jeep is parked near the house of Pradeep Singh and the said jeep was brought to the Garhwa P.S. and on verification from the transport office, Palamau, it was found that the old number of the jeep is UP 65 0557 which was registered in Banaras and subsequently on 18.9.2000 the new number of the jeep was allotted as BR 1500427 from the Daltonganj transport office and chassis number of the jeep has been erased and engine number has also been punched. Further case of the petitioners is that previously number of the jeep was UP 65 0557 and on verification from Banaras transport office, it was found that UP 65 0557 is the number of Priya Scooter registered in the name of one Shri Manju Rawat and on perusal of the owner book of the said jeep issued from the Office of District transport, Daltonganj, it was found that at first the said jeep stood in the name of Halima Khatoon, daughter of Samsuddin Ansari of Nimia Dohar, P.S. Haidarnagar, district-Palamau and by forgery on 18.9.2001 the said jeep was sold to Bashir Ahmad, son of Taj Mohammad of village Bhaibigha, P.S. Haidarnagar, District-Palamau and thereafter from Daltonganj transport office, ownership of the jeep was got transferred and again Bashir Ahmad by forgery sold to Kariman Mian for Rs. 1,00,000/- under four bank drafts. It is further alleged that Mukhtar Ahmad, son of Nasim Ahmad got Garhwa P.S. Case No. 205 of 1999 under Section 379, IPC registered regarding theft of his jeep bearing registration No. WB 42B 9029 and at that time, for want of evidence, final report case true no clue was submitted and taking advantage of the same, Mukhtar Ahmad by removing chassis number and engine number of his own commander jeep WB 42B 9029 cleverly gave a new face of the jeep manufactured forged number and no objection certificate and name and seal of District Transport Office, Varanasi and by presenting the same in Daltongang Transport Office with the help of the officers of the said office got allotted a new number BR 15P 0427 in the name of one Halima Khatoon by changing the old number UP 65 0557 and thereafter got owner book transferred in the name of his relative Bashir Ahmad and thereafter Bashir Ahmad fraudulently and by forgery sold the said jeep to Kariman Mian for Rs. 1,00,000/- and this Mukhtar Ahmad, Halima Khatoon and Bashir Ahmad under criminal conspiracy manufactured forged documents by changing the number of the jeep sold to Kariman Mian fraudulently and thereby committed offences punishable under Section 467, 468, 471, 120B, IPC. The Garhwa Police after investigation submitted charge sheet against Mukhtar Ahmad and Halima Khatoon keeping the investigation pending on other points in Garhwa PS Case No. 244 of 2002, dated 25.11.2002. The Garhwa Police after investigation submitted charge sheet against Mukhtar Ahmad and Halima Khatoon keeping the investigation pending on other points in Garhwa PS Case No. 244 of 2002, dated 25.11.2002. The learned Chief Judicial Magistrate, Garhwa took cognizance on 21.11.2003 against Mukhtar Ahmad and Halima Khatoon and transferred the case to the Court of Shri Nasiruddin, Judicial Magistrate, 1st Class, Garhwa for trial. 3. O.P. No. 2 Kariman Mian after knowing about the Garhwa P.S. Case No. 244 of 2002, dated 25.11.2002, filed a Complaint Case No. 20 of 2003, in the. Court of learned Chief Judicial Magistrate, Palamau (now Madninagar) at Daltonganj on 6.1.2003 against Basir Ahmad, Mukhtar Ahmad and Halima Khatoon under Sections 406, 420, 467, 468, 471, 120B and 34 IPC leveling several allegations. The Garhwa police inquired from the complainant and seized the vehicle claiming that it is stolen jeep and the registration number is fake and also seized original papers of the jeep from the complainant and on inquiry complainant came to know that Mukhtar Ahamd had loged a case being Garhwa P.S. Case No. 205 of 1999, and all the three accused persons fraudulently committed forgery here and there and fraudulently sold the jeep to the complainant knowing fully well that papers are false and fabricated and cheated the complainant for wrongful gains. Learned C.J.M. transferred the said complaint case under Section 192(2) of the Code to the Court of Shri R.K. Mishra, learned Judicial Magistrate, 1st Class, at Daltonganj and the learned Judicial Magistrate without holding inquiry and without application of mind, took cognizance in the case against the petitioners and Basir Ahmad. 4. The contention of the learned counsel for the petitioner is that Mukhtar Ahmad, Halima Khatoon (petitioners) and Bashir Ahmad have been made an accused in the Complaint Case No. 20 of 2003 besides this, the fact and allegations in both the cases are the same in relation to the recovery of a stolen jeep bearing registration No. UP 67 0557 from near the house of Kariman Mian at village Bhajania and the complainant figures as a prosecution witness in the police case. It is further submitted that the petitioners cannot be prosecuted on the same set of materials twice and it is a case of double jeopardy if the complaint case is allowed to continue. It is further submitted that the petitioners cannot be prosecuted on the same set of materials twice and it is a case of double jeopardy if the complaint case is allowed to continue. Hence, prayer has been made to transfer the complaint case from Daltonganj to Garhwa so that the complaint case may be merged with police case and both the cases be tried together. 5. On the other hand, learned counsel appearing for the O.P. No. 2 opposed transfer and submitted that allegations are different in the FIR and in the complaint petition and this will not be case of double jeopardy as offence alleged in both the cases are different. 6. On consideration of offence alleged to have been committed by the petitioners along with Bashir Ahmad, it appears that facts alleged in both the cases are the same and the parties are the same and offences alleged are also the same. Hence, Complaint Case No. 20 of 2003 is transferred to Garhwa in the Court where Garhwa P.S. Case No. 244 of 2002, G.R. Case No. 908 of 2002 (State v. Mukhtar Ahmad and Ors.) is pending and both the cases be tried together. 7. With this observation, this application is disposed of.