GOPALRAO EKBOLE
Varjiwan P. Seth – Appellant
Versus
Ratanlal Jahotia – Respondent
( 1 ) THIS Criminal Miscellaneous Petition is filed to set aside the order of the Additional Sessions Judge, Hyderabad, dated 31/07/1962 and to retain C. C: No, 364 of 1962, with the Special Magistrate for Railways, Secunderabad.
( 2 ) THE facts are short and simple and only to a limited extent are disputed. It appears that C. C. No. 364/62 was filed with the Chief City Magistrate which was in due course transferred to the IV City Criminal Court. Then it was subsequently transferred on administrative grounds to the Railway Magistrate. It was however revealed that the case involves certain documents which are in Hindi and the evidence to be recorded also would mostly be in Hindi. Respondent No. 7 filed a petition under Section 528 (1-c) Cr. P. C. , hereinafter called the Code, in the Court of the Principal Sessions Judge, Secunderabad, seeking transfer of the abovesaid case from the file of the Court of the Magistrate for Railways to the IV or VIII City Magistrate, Hyderabad as they knew Hindi. The petition was made over by the Sessions Judge to the Additional Sessions Judge for disposal. The learned Additional Sessions Judge passed an order on 31/07/1962, transf
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