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In Re: Markapuram Pedda Subbanna

Type Court Judgment Court Chennai Decided Mar 21, 1939
~1 min read
https://sooperkanoon.com/case/778227

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Citation
Court
Chennai
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

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Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Markapuram Pedda Subbanna

Legal References

Reported In
AIR1939Mad469; (1939)1MLJ899

Excerpt

- orderlakshmana rao, j.1. the petitioner was charged before the sub-divisional magistrate of jammalamadugu under section 29 of the indian telegraphs act for causing a false message to be transmitted from cudappah and his objection to the jurisdiction of the sub-divisional magistrate of jammalamdugu to try the case was upheld by the sub-divisional magistrate. the records were then submitted by the sub-divisional magistrate to the district magistrate and the case was transferred by the district magistrate to the file of the sub-divisional magistrate of cudappah who has jurisdiction. this as held in sikka goundan, in re a.i.r. 1923 mad. 326, is not permissible and the order of transfer cannot be sustained. it is therefore set aside and the case is re-transferred to the file of the sub-divisional magistrate of jammalamadugu for disposal according to law.

Full Judgment

ORDER

Lakshmana Rao, J.

1. The petitioner was charged before the Sub-Divisional Magistrate of Jammalamadugu under Section 29 of the Indian Telegraphs Act for causing a false message to be transmitted from Cudappah and his objection to the jurisdiction of the Sub-Divisional Magistrate of Jammalamdugu to try the case was upheld by the Sub-Divisional Magistrate. The records were then submitted by the Sub-Divisional Magistrate to the District Magistrate and the case was transferred by the District Magistrate to the file of the Sub-Divisional Magistrate of Cudappah who has jurisdiction. This as held in Sikka Goundan, In re A.I.R. 1923 Mad. 326, is not permissible and the order of transfer cannot be sustained. It is therefore set aside and the case is re-transferred to the file of the Sub-Divisional Magistrate of Jammalamadugu for disposal according to law.

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