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.