Sikkim Court March 1981 Judgments

Ram Prasad Manger Vs. State of Sikkim

Court: Sikkim

Reported in: 1981CriLJ1384

ORDERA. M. Bhattacharjee, J.1. This revision against the appellate judgment of the Sessions Judge, Gangtok, confirming the judgment passed by the District Magistrate, South Sikkim. whereby the latter has convicted the petitioner under Sections 279/337, Indian penal Code and has sentenced him to pay a fine of Rs. 200/-and in defualt to undergo simple imprisonment for one month, involves only one question, very seriously pressed by Mr. B.C. Sharma, the learned Counsel for the petitioner. The question is whether a trial by a Court of a case which has been transferred thereto from another Court by an order of transfer passed by a Sessions Judge under Section 528(1-C) of the Code of Criminal Procedure, 1898, is vitiated, if the order of transfer, was passed without 'an applications made to him in this behalf' as required by the provisions of Section 528(1-C)2. The case was originally instituted in the Court of the District Magistrate. South Sikkim, who after the receipt of the charge-sheet,...