N.R. Venkatachalam Chetty Vs. the Chairman, Municipal Council - Court Judgment

Excerpt:

criminal procedure code (act v of 1898), section 528 - transfer of criminal case-reasons to be recorded. - - it would have been better if he had expressed his opinion clearly on this point.order1. the sub-divisional magistrate says he ordered the transfer for the ends of justice but he has recorded no reasons, and as the district magistrate has made this reference, we presume we are right in inferring that he does not agree with the sub-divisional magistrate as to the expediency of the order. it would have been better if he had expressed his opinion clearly on this point.2. as, however, the sub-divisional magistrate's order of transfer is, on the face of it, in conflict with section 528(3) of the criminal procedure code, we hereby set it aside.

Judgment:

ORDER

1. The Sub-Divisional Magistrate says he ordered the transfer for the ends of justice but he has recorded no reasons, and as the District Magistrate has made this reference, we presume we are right in inferring that he does not agree with the Sub-Divisional Magistrate as to the expediency of the order. It would have been better if he had expressed his opinion clearly on this point.

2. As, however, the Sub-Divisional Magistrate's order of transfer is, on the face of it, in conflict with Section 528(3) of the Criminal Procedure Code, we hereby set it aside.