K D GHAURI Vs. NANAKRAM K ISRANI

JUDGEMENT

(1.) THE complainant Shri K. D. Ghauri I. P. S. has filed this appeal from the order of acquittal of the accused respondent Nanakram K. Israni by the Additional Munsiff Magistrate, First Class, Aimer City dated 27th April, 1968, under sec. 500 and 501 I. P. C.

(2.) BEFORE arguing the case on merits, learned counsel for the complainant appellant submitted that an illegality had been committed by the trial court inasmuch as it wrongly rejected the complainant's application under sec. 526 (8) Cr. P. C. dated 24th April, 1968, by which the complainant requested the court to adjourn the case to enable him to move an application before the High Court for transfer of the case from it. It is submitted that by doing so, the learned Magistrate had committed breach of a mandatory provision of law and consequently all the proceedings conducted by the Magistrate thereafter including the judgment were null and void The learned counsel has, therefore, prayed that the order of acquittal be set aside and the case be sent back before a Magistrate other than Shri L. N. Shah who had dismissed the application and decided this case.