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In Re: Venkata Reddi and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in83Ind.Cas.1005
AppellantIn Re: Venkata Reddi and ors.
Excerpt:
criminal procedure code (act v of 1898), section 528(5) - transfer of case--failure to give reasons-order, validity of. - orderspencer, j.1. the order of transfer (assuming it was made under section 528, which is the section quoted at the head of the district magistrate's proceedings) is bad for failure to state the reasons for the order, as required by section 528 (5) of the code of criminal procedure.2. the order is set aside and the district magistrate is directed to pass a fresh order giving reasons for the transfer, if he thinks after hearing the accused or their pleader that the case should be transferred from dharmavaram to penukonda.
Judgment:
ORDER

Spencer, J.

1. The order of transfer (assuming it was made under Section 528, which is the section quoted at the head of the District Magistrate's proceedings) is bad for failure to state the reasons for the order, as required by Section 528 (5) of the Code of Criminal Procedure.

2. The order is set aside and the District Magistrate is directed to pass a fresh order giving reasons for the transfer, if he thinks after hearing the accused or their Pleader that the case should be transferred from Dharmavaram to Penukonda.


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