KHUDIRAM GHOSH Vs. STATE

JUDGEMENT

(1.) This is a petition for setting aside an order of transfer of a case, purporting to be under Section 192, Criminal P.C.

(2.) The case concerned was transferred under the following circumstances: On 7-11-1952, Mr. P.C. Bala, Magistrates 1st class, Bankura, took cognizance of the case and adjourned it to the 13th. Mr. Eala not being available on the last mentioned date, another 1st class Magistrate, Mr. Moitra, dealt with the General File and transferred the case to his own file, although he had not taken cognizance of the case. Therefore, the actual trial commenced and proceeded before Mr. Moitra. It is this order of Mr. Moitra transferring the case to his own file that is sought to be set aside by this application.

(3.) Section 192 is in these terms :