Khudiram Mookerjea vs The Empress, On The Complaint of Brindaban Ghasiny

In this case Mr. Roy obtained a Rule calling upon the Deputy Commissioner of Singhbhum to show cause why the case of the petitioner Khudiram should not be transferred, on the ground that the Deputy Magistrate of Singhbhum took cognizance of it u/s 191, clause (c), and should not try the case. In answer to the Rule the Deputy Commissioner has made a return to the effect that in the opinion of the Deputy Magistrate this case was not taken up u/s 191, clause (c), but u/s 351. In addition, the Deputy Commissioner, in his return, states that the Deputy Magistrate has no power to take cognizance of a case u/s 191, clause (c) and consequently, if we come to the conclusion that he has done so, his proceedings are void u/s 530, clause (k). On consideration we think that the case does fall within section 191, clause (c), and, therefore, the whole proceedings being void, we set them aside,

As there remains nothing for us now to transfer, the Rule obtained by Mr. Roy is discharged.