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Judgment
6 paragraphs · 141 wordsWe 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.