Supreme Court · 1965 INSC 161 · Decided 19 August 1965
P. C. Gulati v. Lajya Ram Kapur and Others
- Court
- Supreme Court of India
- Citation
- 1965 INSC 161 · [1966] 1 S.C.R. 560
- Case number
- CRIMINAL APPEAL No. 86/1965
- Decided
- 19 August 1965
- Bench
- A.K. SARKAR, RAGHUBAR DAYAL, V. RAMASWAMI (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 193
Headnote
Code of Criminal Procedure, 1898 (5 of 1898), s. 526 (ii)-Transfer of case fro1n Magistrate's court to Sessions-Power of High Court. When s. 193 of the Code of Criminal Procedure prohibits the Court A. B· of Sessions from taking "cognizance of any offence as a court of original express provision of the Code. on the question whether the High Court is competent under s. 526(1)(ii) of the Code to transfer a case from the Court of a Magistrate to the Court of a S-..ssions Judge, HELD : (Per Sarkar & Dayal, JJ.) The High Court is competent. Cognizance of an offence as
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)