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In Re: Venkata Reddi and ors.

Type Court Judgment Court Chennai Decided Apr 11, 1924
~1 min read
https://sooperkanoon.com/case/825271

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Citation
Court
Chennai
Judge
Decided On
Subject
Right to Information

Case Summary

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

Criminal Procedure Code (Act V of 1898), Section 528(5) - Transfer of case--Failure to give reasons-Order, validity of. -

Key legal issue
Right to Information

Parties & Advocates

Appellant / Petitioner

In Re: Venkata Reddi and ors.

Legal References

Reported In
83Ind.Cas.1005

Excerpt

criminal procedure code (act v of 1898), section 528(5) - transfer of case--failure to give reasons-order, validity of. - orderspencer, j.1. the order of transfer (assuming it was made under section 528, which is the section quoted at the head of the district magistrate's proceedings) is bad for failure to state the reasons for the order, as required by section 528 (5) of the code of criminal procedure.2. the order is set aside and the district magistrate is directed to pass a fresh order giving reasons for the transfer, if he thinks after hearing the accused or their pleader that the case should be transferred from dharmavaram to penukonda.

Full Judgment

ORDER

Spencer, J.

1. The order of transfer (assuming it was made under Section 528, which is the section quoted at the head of the District Magistrate's proceedings) is bad for failure to state the reasons for the order, as required by Section 528 (5) of the Code of Criminal Procedure.

2. The order is set aside and the District Magistrate is directed to pass a fresh order giving reasons for the transfer, if he thinks after hearing the accused or their Pleader that the case should be transferred from Dharmavaram to Penukonda.

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Same Parties In Re: Venkata Reddi and ors. vs Same Subject Right to Information Same Judge Spencer, J.
Right to Information

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