Research › Browse › Judgment

Allahabad High Court · body

1907 DIGILAW 113 (ALL)

Emperor v. Mahendra Singh

1907-08-14

AIKMAN, BANERJI

body1907
JUDGMENT Banerji and Aikman, JJ. - It has been held by this Court in In the matter of the petition of Amar Singh ILR (1893) All. 9 and in In the matter of the petition of Gudar Singh ILR (1897) All. 291 that a case like the present cannot be transferred to another district. The question is open to argument, but we do not feel ourselves justified in disregarding these rulings. We therefore dismiss the application. At the same time we cannot approve of the action taken by the District Magistrate, however well-intentioned that action may have been, specially having regard to the fact that the case might come before himself in appeal u/s 406 of the Code of Criminal Procedure.