BUDHU TATUA Vs. EMPEROR

JUDGEMENT

(1.) IN this case we are of opinion that the rule must be made absolute. We have examined the record for ourselves, and we are satisfied that Mr. Mukherjee, who had second class powers and to whom the case was transferred, had no jurisdiction to try the case against the accused under Section 471. The evidence recorded by him could not be legally considered by the Magistrate to whom the case was ultimately transferred and who had jurisdiction in the matter. The result was that part of the evidence was recorded by a Magistrate who had no jurisdiction, and part of the evidence by a Magistrate who had jurisdiction. IN this view the petitioner has made good the ground on which the rule was issued, and we, accordingly, set aside the order. But in the circumstances of the case we order a re-trial of the accused in accordance with law in that behalf.