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Emperor Vs. Mahendra Singh and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1908)ILR30All47
AppellantEmperor
RespondentMahendra Singh and anr.
Excerpt:
.....cantonment board. [deolali cantonment board v usha devidas dongre, 1993 mah.lj 74; 1993 lab ic 1858 overruled]. - 291 that a case like the present cannot be transferred to another district. at the same time we cannot approve of the action taken by the district magistrate, however well-intentioned that action may have been, specially having regard to the fact that the case might come before himself in appeal under section 406 of the code of criminal procedure.banerji and aikman, jj.1. it has been held by this court in in the matter of the petition of amar singh (1893) i.l.r. 16 all. 9 and in in the matter of the petition of gudar singh (1897) i.l.r. 19 all. 291 that a case like the present cannot be transferred to another district. the question is open to argument, but we do not feel ourselves justified in disregarding these rulings. we therefore dismiss the application. at the same time we cannot approve of the action taken by the district magistrate, however well-intentioned that action may have been, specially having regard to the fact that the case might come before himself in appeal under section 406 of the code of criminal procedure.
Judgment:

Banerji and Aikman, JJ.

1. It has been held by this Court in In the matter of the petition of Amar Singh (1893) I.L.R. 16 All. 9 and in In the matter of the petition of Gudar Singh (1897) I.L.R. 19 All. 291 that a case like the present cannot be transferred to another district. The question is open to argument, but we do not feel ourselves justified in disregarding these rulings. We therefore dismiss the application. At the same time we cannot approve of the action taken by the District Magistrate, however well-intentioned that action may have been, specially having regard to the fact that the case might come before himself in appeal under Section 406 of the Code of Criminal Procedure.


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