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Muhammad Daraz Khan Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1921All55; 65Ind.Cas.558
AppellantMuhammad Daraz Khan
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 528 - transfer of case--discussion of case at club before sessions judge likely to try case, whether ground for transfer. - - discussion of a case like this at the club by the civil surgeon or any of the other officers who are likely to be concerned in the disposal of it is an extremely improper proceeding......that he had heard one or two discussions of the case at the club. that fact by itself is, in my opinion, sufficient to justify an order for transfer. discussion of a case like this at the club by the civil surgeon or any of the other officers who are likely to be concerned in the disposal of it is an extremely improper proceeding. the learned sessions judge suggests that it would be inconvenient on the score of cost to transfer the case to some other district. the answer to this is that this cannot be helped. he suggests that a special officer should be deputed to hear the case. this is beyond my power. i have no authority to depute a special judge to hear this case. the case will, therefore, be transferred for disposal to the file of the sessions judge of cawnpore.
Judgment:

Lindsay, J.

1. This is an application made on behalf of one Muhammad Daraz whose case has been committed to the Court of Session at Farrukhabad. I have perused the affidavit and the reply which has been received from the learned Sessions Judge. One of the grounds on which the transfer has been sought is that the Civil Surgeon of Fatehgarh has been discussing this case at the local Club with the officers of the station including the learned Sessions Judge. The learned Sessions Judge in his explanation admits that he had heard one or two discussions of the case at the Club. That fact by itself is, in my opinion, sufficient to justify an order for transfer. Discussion of a case like this at the Club by the Civil Surgeon or any of the other officers who are likely to be concerned in the disposal of it is an extremely improper proceeding. The learned Sessions Judge suggests that it would be inconvenient on the score of cost to transfer the case to some other district. The answer to this is that this cannot be helped. He suggests that a special officer should be deputed to hear the case. This is beyond my power. I have no authority to depute a Special Judge to hear this case. The case will, therefore, be transferred for disposal to the file of the Sessions Judge of Cawnpore.


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