Law: Criminal Procedure Code (V of 1898)

Section: 528

P L D 1957 Azad J & K 12       Criminal Procedure Code (V of 1898),   S.528----Summon ing of file by District Magistrate without any express order for stay of proceedings---Trial Magistrate whether bound to stay proceedings.   If the District Magistrate after receiving the application for transfer orders the trial Magistrate to submit the file by a certain date but does not order the stay of proceedings, the subordinate Court will not be bound to stay proceedings un less orders are issued in clear terms for the stay of proceed ings.   Fakira v. Goma 163 Indian Case 694; Shanta Ram Shama v. Kanai Lall and others A I R 1934 Cal. 137; Sagnomal Tahil ram Pathendas Relumal A I R 1936 Sind 237 and Gowardhan Das Kapur v. Abbas Ali A I R 1930 Lah. 168 fol.     JUDGMENT   ABDUL HAMID KHAN, J.---The petitioner has come up in revision against the order of Sessions Judge, Poonch dated the 1st December 1956, whereby the conviction of the accused petitioner under sections 324/34 and 323, A. P. C. by order of the trial Magistrate, Pallandri dated the 28th April 1955, was up-held but the sentences were reduced from two years rigorous imprisonment and Rs. 100 fine or in default of pay ment of fine two month's rigorous imprisonment under section 324/34, A. P. C. to one year rigorous imprisonment and from one year rigorous imprisonment and Rs. 50 fine or in default of payment of fine one month's rigorous imprison ment under section 323, A. P. C. to six month's rigorous imprisonment. The sentences were, however, ordered to run concurrently.   The learned Counsel for the petitioner has attacked the findings of the Courts below on two grounds, one being that the proceedings taken by the trial Court in the case after intimation from the Court of the District Magistrate that the file of the case should be sent to that Court for disposing of the transfer application filed by the accused for the transfer of the case from the Court of the trial Magistrate, was illegal. It so happened, that the hearing in the case in the trial Court was fixed for 25th April 1955. On that date, statements of two defence witnesses were…