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Madras High Court
In Re: Arumuga Sengundan And Anr. vs Unknown on 2 September, 1902
Equivalent citations: (1902) 12 MLJ 391


1. We have no doubt of our power to transfer this case under both Section 526 of the Code of Criminal Procedure and Clause 29 of the Letters Patent. If a case under Section 145 of the Code of Criminal Procedure is not a “criminal case,” it is difficult to conceive what it is. With all respect we are unable to agree with the decision of the Bombay High Court in In re Pandurang Govind I.L.R. 25 B. 179. Upon the merits we think, upon the fact stated by the Acting District Magistrate, that he ought to have made the transfer. We accordingly direct that the case be transferred from the file of the 1st Class Sub-Divisional Magistrate of Tanjore Division to the file of the District Magistrate or to that of such other ‘Magistrate as the District Magistrate may transfer it.

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