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Queen-empress Vs. Kuppumuthu Pillai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1901)ILR24Mad317
AppellantQueen-empress
RespondentKuppumuthu Pillai
Excerpt:
criminal procedure code - act v of 1898, section 528--transfer of case at request of magistrate--notice. - 1. the order for transfer was in effect made at the request of the sub-magistrate, not on the application of a party. such a case is an exception to the general rule that an order should not be made under section 528 of the criminal procedure code without notice to the other aide. the court to which the case was transferred was selected by the district magistrate as the most convenient for the parties. we see no reason to interfere with the exercise of his discretion.2. the petition must be dismissed.
Judgment:

1. The order for transfer was in effect made at the request of the Sub-Magistrate, not on the application of a party. Such a case is an exception to the general rule that an order should not be made under Section 528 of the Criminal Procedure Code without notice to the other aide. The Court to which the case was transferred was selected by the District Magistrate as the most convenient for the parties. We see no reason to interfere with the exercise of his discretion.

2. The petition must be dismissed.


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