High CourtsSingle Bench(1909) 03 MAD CK 0039

In Re: Susai Lazar Fernandes

Madras High Court · Decided on 4 March 1909 · Citation: 1 Ind. Cas. 553

HON’BLE JUDGES
Munro, J

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Judgment

1 paragraphs · 103 words

Munro, J.—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.