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In Re: Damodar Bapuji Padval - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Application for Revision No. 386 of 1930
Judge
Reported in(1931)33BOMLR311
AppellantIn Re: Damodar Bapuji Padval
DispositionApplication dismissed
Excerpt:
criminal procedure code (act v of 1898), section 526--transfer of case--report by lower court--copy to be given to applicant.; in an application for transfer of a case, under section 526 of the criminal procedure code, the court should furnish the applicant with a copy of any report which the court may receive from the subordinate court from which it is sought to transfer the case. - .....in this case is being prosecuted on a charge of cheating under section 420 of the indian penal code in the dadar court. the only reason why we sent for the record in this case is that the learned chief presidency magistrate, to whom application for transfer was made, had sent for a report from the learned magistrate of the dadar court and a copy of that report had not been supplied to the applicant, and we thought it desirable that the practice which prevails in the high court in applications for transfer of furnishing the applicant with a copy of any report which the court may receive from the subordinate court from which it is sought to transfer the ease should be followed in the chief presidency magistrate's court. the report in question has now been furnished to the applicant.2......
Judgment:

J.W.F. Beaumont, C.J.

1. This is an application for transferring the case from the Court of the Presidency Magistrate, fifth Court, Dadar, to any other Court. The appellant in this case is being prosecuted on a charge of cheating under Section 420 of the Indian Penal Code in the Dadar Court. The only reason why we sent for the record in this case is that the learned Chief Presidency Magistrate, to whom application for transfer was made, had sent for a report from the learned Magistrate of the Dadar Court and a copy of that report had not been supplied to the applicant, and we thought it desirable that the practice which prevails in the High Court in applications for transfer of furnishing the applicant with a copy of any report which the Court may receive from the subordinate Court from which it is sought to transfer the ease should be followed in the Chief Presidency Magistrate's Court. The report in question has now been furnished to the applicant.

2. On the merits, I see no ground whatever for directing a transfer. So far as convenience is concerned, the Dadar Court in which the complaint is being dealt with is nearest to the accused, so that it is actually to his convenience that the transfer should not be effected. The other ground suggested is that the Magistrate is a personal friend of the complainant. In my opinion, this is no ground whatever for transferring the case. Magistrates and Judges quite appreciate the duty of impartiality. It frequently happens that one of the parties before the Court may happen to know the presiding Judge, but that fact in the great majority of cases affords no reason whatever for believing that the Judge will not deal with the matter quite impartially. This is the second application for transfer, the previous one being dismissed on June 13, 1930. In my opinion, the application is entirely frivolous and is dismissed.

3. Mr. Jhaveri for the opponent asks for the costs of this application from the applicant under Section 526 (6-A) of the Criminal Procedure Code. We admitted this revision application as there was a point about the copy of the report being furnished to the applicant. We, therefore, think that this is not a case in which we should order the applicant to pay the costs of the opponent. But in future I desire to say that we shall exercise the powers given to us under Section 526 (6-A) of the Criminal Procedure Code in all frivolous or vexatious applications for transfer.


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