P. C. GULATI versus LAJYA RAM KAPUR AND OTHERS

P. C. GULATI versus LAJYA RAM KAPUR AND OTHERS

The High Court is competent to transfer a case from the court of a Magistrate to the court of Sessions under s. 526(1)(ii) of the CrPC, and s. 193 does not bar further proceedings by the Sessions Court in a case so transferred.

Parties
Appellant: P. C. Gulati; Respondent: Lajya Ram Kapur; Respondent: Respondent No. 3
Jurisdiction
India
Judgment Date
19 August 1965
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Order of Punjab High Court
Outcome
Appeals dismissed (majority); dissent sets aside transfer order.
Legal Topics
Transfer of Cases, Jurisdiction of Sessions Court, Commitment Procedure
Criminal Procedure Transfer of Cases Jurisdiction of Sessions Court Commitment Procedure

Case Brief

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Parties

P. C. Gulati

Appellant

Lajya Ram Kapur

Respondent

Respondent No. 3

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Order of Punjab High Court

Legal Issues

  1. 1 Whether the High Court has power under s. 526(1)(ii) CrPC to transfer a criminal case from Magistrate to Sessions Court without commitment
  2. 2 Whether Sessions Court can take cognizance of such case without express provision or proper commitment

Ratio Decidendi

The High Court is competent to transfer a case from the court of a Magistrate to the court of Sessions under s. 526(1)(ii) of the CrPC, and s. 193 does not bar further proceedings by the Sessions Court in a case so transferred.

Court Disposition

Appeals dismissed (majority); dissent sets aside transfer order.

Orders

  • Appeals dismissed as per majority judgment.
  • Dissent: Direction to transfer case to another Magistrate; setting aside order of Punjab High Court.