High Courts(1902) 09 MAD CK 0009

In Re: Arumuga Sengundan and Another

Madras High Court · Decided on 2 September 1902 · Citation: (1903) ILR (Mad) 188 : (1902) 12 MLJ 391

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Judgment

6 paragraphs · 141 words
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 u/s 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 ILR 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.