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september 1963

Supreme Court of India · 1963-09-04

SMT. KAUSHALYA DEVI vs SHRI MOOL, RAJ AND OTHERS

Citation / case number
SC 1963/133
Court
Supreme Court of India
Petitioner
SMT. KAUSHALYA DEVI
Respondent
SHRI MOOL, RAJ AND OTHERS
Author
P.B. GAJENDRAGADKAR,K. SUBBA RAO,K.N. WANCHOO,N. RAJAGOPALA AYYANGARR. MUDHOLKAR
Bench
P.B. GAJENDRAGADKAR,K. SUBBA RAO,K.N. WANCHOO,N. RAJAGOPALA AYYANGAR,J.R. MUDHOLKAR

Judgment text excerpt

The Supreme Court held that the Magistrate's action in filing an affidavit opposing the transfer application was improper, as it jeopardized the impartiality required in criminal trials. The Court emphasized that a Magistrate must remain objective and not take sides in ongoing proceedings. Consequently, the Court ordered the transfer of the case to another court to ensure a fair trial, highlighting the necessity of maintaining justice in the judicial process.

SMT. KAUSHALYA DEVI vs SHRI MOOL, RAJ AND OTHERS · Niyam