High CourtsSingle Bench

Karuppannan vs N. Mohan and Another

Madras High Court · Decided on 22 June 1981 · Citation: (1981) LW(Cri) 354

HON’BLE JUDGES
M.N. Moorthy, J
RESULT
Dismissed
CASE NUMBER
Criminal R.C. No. 858 of 1979/Crl. R.P. 838 of 1979
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Judgment

2 paragraphs · 154 words

M.N. Moorthy, J.—This is a revision against the order of the Additional Judicial First Class Magistrate, Vellore. The point raised by the learned counsel for the petitioner is that the Chief Judicial Magistrate has no power to transfer a case from the file of the Sub-Divisional Magistrate, Tirupattur, after he has taken cognizance and examined a prosecution witness, to the file of the Additional Judicial First Class Magistrate, Vellore. I do not agree. Under S. 410 of the Crl. P.C., he has got power to do so.

2.

The second point urged by the learned counsel for the petitioner is that when a transfer is effected, the learned Chief Judicial Magistrate should record reasons. This point also fails because when a transfer is made suo motu, on administrative grounds, in my view, no reasons need be recorded. There is no substance in this revision. This criminal revision case therefore, fails and it is dismissed.