High CourtsDivision Bench(1939) 03 MAD CK 0020

In Re: Markapuram Pedda Subbanna

Madras High Court · Decided on 21 March 1939 · Citation: AIR 1939 Mad 469 : (1939) 49 LW 643 : (1939) 1 MLJ 899

HON’BLE JUDGES
Lakshmana Rao, J

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Judgment

6 paragraphs · 132 words

Lakshmana Rao, J.—The petitioner was charged before the Sub-Divisional Magistrate of Jammalamadugu u/s 29 of the Indian Telegraphs

Act for causing a false message to be transmitted from Cudappah and his objection to the jurisdiction of the Sub-Divisional Magistrate of

Jammalamdugu to try the case was upheld by the Sub-Divisional Magistrate. The records were then submitted by the Sub-Divisional Magistrate to

the District Magistrate and the case was transferred by the District Magistrate to the file of the Sub-Divisional Magistrate of Cudappah who has

jurisdiction. This as held in Sikka Goundan, In re AIR 1923 Mad. 326, is not permissible and the order of transfer cannot be sustained. It is

therefore set aside and the case is re-transferred to the file of the Sub-Divisional Magistrate of Jammalamadugu for disposal according to law.