SRI RAM SARAN KASHYAP Vs. THE KING

JUDGEMENT

(1.) THIS is an application under the provisions of Section 526, Criminal P.C. praying for the transfer of Case no. C. Rule 10 of 1919 pending in the Court of the Magistrate, 1st Class, Kohima, Naga Hills, against one Sri Ram Saran Kashyap Under Section 420, Penal Code.

(2.) THE case is sought to be transferred on the ground of the convenience of the parties. It is stated in the petition that the accused resides in Calcutta; the journey from Calcutta to Kohima is a long and troublesome one and requires frequent changes and takes several days; that of the 10 prosecution witnesses, 6 reside in Calcutta, 3 in Shillong, and the remaining witness in New Delhi. We bad occasion to consider the question of transfer of a criminal case ponding before a Magistrate of Kohima in the Naga Hills District in the case of one Krishna Prasanna chakravarty. In our judgment, which is reported In Krishna Prasanna v. Jan Mohammad, A.I.R. 1949 Gau 69 :, 61 cri L.J. 147 we observed:

(3.) WE referred' to the terms of Section 1, Criminal P.C. which is in these terms: