In Re. Ramalinga Odayar And Another Vs. On 29 November, 1927

Q: Q. What are the equivalent citations for In Re. Ramalinga Odayar and Another vs ?

The equivalence citation are(1928) 55 MLJ 27 ; (1928) ILR 51 MAD 866 ; 110 IND. CAS. 233 ; 1928 MWN 319 ; AIR 1928 MAD 682 ; LQ/MadHC/1927/513 ;

Open iDraf

In Re. Ramalinga Odayar And Another v.

In Re. Ramalinga Odayar And Another
v.

(High Court Of Judicature At Madras)

Criminal Miscellanaous Petition No. 640 Of 1927 | 29-11-1927

This is an application for transfer of C. C. No. 23 of 1927 on the file of the Court of the Sub-Divisional Magistrate, Mayavaram, now pending before the Additional District Magistrate, Tanjore, back to the Sub-Divisional Magistrate of Mayavaram. The main ground urged by Mr. Ethiraj is that his clients, the accused, were not given notice before the transfer was ordered. In cases of transfer, the District Magistrate, before passing an order of transfer, should give an opportunity to the accused to show cause why a transfer should not be made. In this case, the accused were not given notice of the application for the transfer of the case and the learned District Magistrate seems to have thought that he had no power to revise his own order. It cannot be said that an order of transfer is a final order. If sufficient grounds are shown, the case once transferred can be re-transferred to the same Magistrate or transferred to any other Magistrate who in the opinion of the District Magistrate would be the proper person to try the case. On the sole ground that the accused had no notice of the application for transfer, I set aside the order of the District Magistrate. It is open to him to transfer the case back to the Sub-Divisional Magistrate of Mayavaram or to transfer the case to the Additional District Magistrate or to any other Sub-Divisional Magistrate who in his opinion should try the case.

Advocates List

For the Petitioners Messrs. V.L. Ethiraj, S. Nagaraja Aiyar, Advocates. For the Crown The Public Prosecutor.

Bench List

HON'BLE MR. JUSTICE DEVADOSS

Eq Citation

(1928) 55 MLJ 27

(1928) ILR 51 MAD 866

110 IND. CAS. 233

1928 MWN 319

AIR 1928 MAD 682

LQ/MadHC/1927/513

HeadNote

Criminal Procedure Code, 1973 — S. 408 — Transfer of case — Proper procedure — Notice to accused — Held, in cases of transfer, District Magistrate, before passing an order of transfer, should give an opportunity to accused to show cause why a transfer should not be made — In this case, accused were not given notice of application for transfer of case and District Magistrate seems to have thought that he had no power to revise his own order — It cannot be said that an order of transfer is a final order — If sufficient grounds are shown, the case once transferred can be re-transferred to the same Magistrate or transferred to any other Magistrate who in the opinion of District Magistrate would be the proper person to try the case — On the sole ground that accused had no notice of application for transfer, order of District Magistrate set aside — It is open to him to transfer the case back to Sub-Divisional Magistrate of Mayavaram or to transfer the case to Additional District Magistrate or to any other Sub-Divisional Magistrate who in his opinion should try the case