High CourtsSingle Bench

Ganga Sahai vs Jaswant and Others

Allahabad High Court · Decided on 5 November 1921 · Citation: 65 Ind. Cas. 441

HON’BLE JUDGES
Stuart, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 192
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Judgment

1 paragraphs · 95 words

Stuart, J.—The view taken by the District Magistrate must prevail. When the case came on before Mr. Zamiruddin, he transferred it for trial under the provisions of Section 192 of the Code of Criminal Procedure. Having done that, he had no power to transfer it again and in no circumstances are the proceedings before the Third Class Magistrate effective. It was legally transferred to the Raja of Partapnagar, Magistrate of the Second Class. All subsequent proceedings are null and void. The case must go back to the Raja of Partapnagar for trial. I order accordingly.