MOHINI MOHAN ROY Vs. PUNAM CHAND SETHIA

JUDGEMENT

(1.) On the 13 November last the Secretary of the Nawab of Murshidabad complained to the Additional Chief Presidency Magistrate of Criminal breach of trust by one Punam Chand Sethia in respect of certain jewellery.

(2.) The Additional Chief Presidency Magistrate took cognisance of the offence and after examining the complainant directed the Police to enquire and report.

(3.) On the matter coming back to the Additional Chief Presidency Magistrate, a judicial enquiry was asked for by the complainant and the Additional Chief Presidency Magistrate thereupon transferred the case for disposal to the fourth Presidency Magistrate. This Magistrate after examining witnesses ordered the issue of summons against Punam Chand Sethia on the 19 January, 1924. On the 28 January Punam Chand applied to the Chief Presidency Magistrate asking, on the ground of jurisdiction, that the case should be recalled to his file and that the trial should take place in his Court. The Chief Presidency Magistrate, having ascertained that the fourth Presidency Magistrate had no objection, on the 30th January withdrew the case from the file of the fourth Presidency Magistrate and transferred it to his own file under Section 528 of the Criminal P. C.. It is said that the Chief Presidency Magistrate had no power to make this order and hence this rule.