High CourtsDivision Bench

Emperor vs Mahendra Singh and Another

Allahabad High Court · Decided on 14 August 1907 · Citation: (1908) ILR (All) 47

HON’BLE JUDGES
Banerji, J · Aikman, J
RESULT
Dismissed
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Judgment

1 paragraphs · 118 words

Banerji and Aikman, JJ.—It has been held by this Court in In the matter of the petition of Amar Singh ILR (1893) All. 9 and in In the matter of the petition of Gudar Singh ILR (1897) All. 291 that a case like the present cannot be transferred to another district. The question is open to argument, but we do not feel ourselves justified in disregarding these rulings. We therefore dismiss the application. At the same time we cannot approve of the action taken by the District Magistrate, however well-intentioned that action may have been, specially having regard to the fact that the case might come before himself in appeal u/s 406 of the Code of Criminal Procedure.