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In Re: Arumuga Sengundan and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1902)12MLJ391
AppellantIn Re: Arumuga Sengundan and anr.
Excerpt:
- order1. we have no doubt of our power to transfer this case under both section 526 of the code of criminal procedure and clause 29 of the letters patent. if a case under section 145 of the code of criminal procedure is not a 'criminal case,' it is difficult to conceive what it is. with all respect we are unable to agree with the decision of the bombay high court in in re pandurang govind i.l.r. 25 b. 179. upon the merits we think, upon the fact stated by the acting district magistrate, that he ought to have made the transfer. we accordingly direct that the case be transferred from the file of the 1st class sub-divisional magistrate of tanjore division to the file of the district magistrate or to that of such other 'magistrate as the district magistrate may transfer it.
Judgment:
ORDER

1. We have no doubt of our power to transfer this case under both Section 526 of the Code of Criminal Procedure and Clause 29 of the Letters Patent. If a case under Section 145 of the Code of Criminal Procedure is not a 'criminal case,' it is difficult to conceive what it is. With all respect we are unable to agree with the decision of the Bombay High Court in In re Pandurang Govind I.L.R. 25 B. 179. Upon the merits we think, upon the fact stated by the Acting District Magistrate, that he ought to have made the transfer. We accordingly direct that the case be transferred from the file of the 1st Class Sub-Divisional Magistrate of Tanjore Division to the file of the District Magistrate or to that of such other 'Magistrate as the District Magistrate may transfer it.


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