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1914 DIGILAW 18 (ALL)

Dara v. Mukat

1914-01-20

KNOX

body1914
JUDGMENT : 1. Cognizance of this case was taken by the Court of the Bench of Magistrates, Jalalabad, and it appears to have remained pending in that Court from 14th June 1913, until 1st September 1913, or thereabout. It was then transferred by the District Magistrate, as he says under Section 17 of the Cr PC to the Court of Mr. Abdul Halim. Owing to illness on the part of Mr. Abdul Halim the case was transferred to the Court of Babu Jhuma Lal. 2. This order was passed on 10th September 1913. Babu Jhumak Lal was an officer in charge of a sub-division, and he immediately on receipt of the case transferred it to the Court of the Tahsildar of Jalalabad. He professes to have acted under Section 192 of the Cr PC. That section refers only to cases of which the transferring Magistrate has taken cognizance, i.e. acted under S. 190 of the same Code. It has no reference to cases which have been transferred. The order of transfer was ultra vires and the Tahsildar of Jalalabad was without jurisdiction in the case, I pass no further orders beyond pointing out that these frequent orders of transfer are objectionable in view of the trouble which they give to witnesses and parties. Let the record be returned.