YADUNANDAN Vs. STATE

JUDGEMENT

(1.) THE accused Yadu-nandan has filed this petition under section 526 Cr. P. C. for the transfer of a case which is pending in the court of the Additional District Magistrate Kotah under section 420 I. P. C. on the grounds - (1) that the Magistrate permitted the prosecuting inspector and prosecution witnesses to sit on chairs on the dais, and (2) did not allow the request of the accused for postponing the case for a little while to enable the counsel of the accused to come from another court where he was arguing a case for the time being and cross-examine the prosecution witnesses, while the Magistrate allowed adjournments after adjournments at the request of the prosecution side.

(2.) THE Government advocate raised a preliminary objection that the accused should have in the first instance moved the District Magistrate for the transfer of the case under section 528 Cr. P. C. before coming to the High Court. In support of his arguments, he has referred to cases of Ram Chandra v Sunder, A. I. R. 1925 Alld. , 640. B. L. R. 6 Bombay, 480 and A. I. R. 1923 Lahore, 685.