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In Re: Susai Lazar Fernandes - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in1Ind.Cas.553
AppellantIn Re: Susai Lazar Fernandes
Cases ReferredPrakas Chunder Dutt v. Emperor
Excerpt:
criminal procedure code (act v of 1898), section 528 - transfer of case--omission to record reasons for transfer--irregularity--magistrate, transferring to his own file. - ordermunro, j.1. there is evidence to support the conviction. the magistrate should have recorded his reasons for transferring the case to his own file, but his omission to do so is only an irregularity, and it is not shown that the accused has been in any way prejudiced--the omission to record reasons is not sufficient ground for setting aside the order of transfer, prakas chunder dutt v. emperor 34 c.k 918. there is nothing in section 528 to prevent the magistrate from transferring the case to his own file; he had first transferred it to the file of the sub-magistrate. the petition is dismissed.
Judgment:
ORDER

Munro, J.

1. There is evidence to support the conviction. The Magistrate should have recorded his reasons for transferring the case to his own file, but his omission to do so is only an irregularity, and it is not shown that the accused has been in any way prejudiced--the omission to record reasons is not sufficient ground for setting aside the order of transfer, Prakas Chunder Dutt v. Emperor 34 C.k 918. There is nothing in Section 528 to prevent the Magistrate from transferring the case to his own file; he had first transferred it to the file of the Sub-Magistrate. The petition is dismissed.


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