Om Prakash Santuka vs Champalal Sethia And Anr. on 27 September, 1985
In 57(1984) C L T 568 (Nidhi Jena v. Jaladhar Jena) the complainant had no notice of the transfer of the case by the Sub-divisional Judicial Magistrate as the order was passed later fixing the date of hearing that day. On the date fixed complainant filed an application for adjournment in the Court of the Subdivisional Judicial Magistrate and waited for orders. In the meantime, the order of acquittal was passed by th.2 transferee Court. When the learned Subdivisional Judicial Magistrate took up the application, he endorsed the same to the transferee Court. The complainant rushed to the transferee Court to move the same to find that the order of acquittal had already been passed. Taking into consideration these facts this Court interfered with the order since the transferee Court did not take into consideration the fact that it was the first date of hearing and the complainant had no notice of the transfer of the same to it which was clear on the face of the order.