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Mahim Chandra Guha Dev Barman Vs. Amjad Ali - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Reported inAIR1931Cal710
AppellantMahim Chandra Guha Dev Barman
RespondentAmjad Ali
Excerpt:
- .....526, criminal p.c., for the transfer of a criminal appeal which is now pending before the sessions judge of chittagong to some other court. under clause (4), section 52(3, every such application, except when the applicant is the advocate-general, shall be supported by an affidavit and section 539 lays down that this affidavit is to be sworn before the high court, or the clerk of the crown, or any commissioner, or other person appointed by the high court for that purpose. an affidavit was filed along with the application for transfer under section 526; but that affidavit purports to have been sworn before an officer of the district judge's court at chittagong. that being so, the affidavit that has been tiled in the present case is not sufficient for the purpose of section 526. sub-section.....
Judgment:

1. This rule must be discharged on the ground that the application on which it was issued cannot be entertained. The application was one under Section 526, Criminal P.C., for the transfer of a criminal appeal which is now pending before the Sessions Judge of Chittagong to some other Court. Under Clause (4), Section 52(3, every such application, except when the applicant is the Advocate-General, shall be supported by an affidavit and Section 539 lays down that this affidavit is to be sworn before the High Court, or the clerk of the Crown, or any Commissioner, or other person appointed by the High Court for that purpose. An affidavit was filed along with the application for transfer under Section 526; but that affidavit purports to have been sworn before an officer of the District Judge's Court at Chittagong. That being so, the affidavit that has been tiled in the present case is not sufficient for the purpose of Section 526. Sub-section (4) and that being the case, the application under Section 526, on the basis of which the rule was issued, cannot be entertained. The rule is, accordingly discharged.


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