The order of transfer (assuming it was made under Sect. 528, which is the section quoted at the head of the District Magistrates proceedings) is bad for failure to state the reasons for the order, as required by Sect. 528 (5) of the Code of Criminal Procedure.
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.
In Re. Venkata Reddi And Others v.
In Re. Venkata Reddi And Others v.
(High Court Of Judicature At Madras)
Criminal Revision No. 284 Of 1924 & Criminal Revision No. 238 Of 1924) | 11-04-1924
Advocate List
Bench
- HON'BLE MR. JUSTICE SPENCER
Eq Citations
- 83 IND. CAS. 1005
- AIR 1924 MAD 873
- LQ/MadHC/1924/243
Head Note
Criminal Procedure Code, 1973 — Ss. 528 and 528(5) — Transfer of case — Order of transfer — Validity of — Reasons for order not stated — Order set aside and District Magistrate directed to pass a fresh order giving reasons
