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1979 Supreme(Mad) 222

PUNNAYYA, GANGADHARA RAO
Gandluru Pedda Veera Reddy and ten others – Appellant
Versus
State of Andhra Pradesh and another – Respondent


Order*.- The petitioners were originally committed to the Court of Assistant Sessions Judge, Cuddapah as the charges against them were under sections 147, 148, 324 and 307, Indian Penal Code. The learned Assistant Sessions Judge discharged the accused of the offence punishable under section 307, Indian Penal Code, and since the balance of the offences with which the accused were charged were not triable exclusively by the Sessions Judge, he invoked the powers under section 228 of the Code of Criminal Procedure, 1973 and transferred the case to the Chief Judicial Magistrate, Cuddapah who transferred the case to the Judicial First Class Magistrate suo motu. Tr. Crl. M. P. No. 1898 of 1978 was preferred against that order calling for the retransfer of the case from the file of the Judicial First Class Magistrate to the file of the Chief Judicial Magistrate and I had allowed that petition holding that it was not correct on the part of the Chief Judicial Magistrate, when a case has been transferred to him under section 228, Criminal Procedure Code, to transfer that very case to another Magistrate, and set aside the order of transfer passed by the learned Chief Judicial Magistrate. The p



























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