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Ganga Sahai Vs. Jaswant and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in65Ind.Cas.441
AppellantGanga Sahai
RespondentJaswant and ors.
Excerpt:
criminal procedure code (act v of 1898) 192 - transfer of case--magistrate, power of, to re-transfer. - stuart, j.1. the view taken by the district magistrate must prevail. when the case came on before mr. zamiruddin, he transferred it for trial under the provisions of section 192 of the code of criminal procedure. having done that, he had no power to transfer it again and in no circumstances are the proceedings before the third class magistrate effective. it was legally transferred to the raja of partapnagar, magistrate of the second class. all subsequent proceedings are null and void. the case must go back to the raja of partapnagar for trial. i order accordingly.
Judgment:

Stuart, J.

1. The view taken by the District Magistrate must prevail. When the case came on before Mr. Zamiruddin, he transferred it for trial under the provisions of Section 192 of the Code of Criminal Procedure. Having done that, he had no power to transfer it again and in no circumstances are the proceedings before the Third Class Magistrate effective. It was legally transferred to the Raja of Partapnagar, Magistrate of the Second Class. All subsequent proceedings are null and void. The case must go back to the Raja of Partapnagar for trial. I order accordingly.


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