Decided on September 24,1955

HARIRAM Appellant
STATE Respondents


- (1.) This is an application for the transfer of case No. 108 of 1955 Criminal Miscellaneous from the Court of Additional District Magistrate, Gwalior, under S. 526, Criminal P. C. The facts out of which this application arises may be shortly stated thus :
(2.) The accused were arrested by the police for an offence of abduction under S. 366, I.P.C. The police applied for a remand while the accused put in an application for bail. At the time of the hearing of the bail application, the counsel for the accused was not present in the Court, and, so the Court asked the accused, who were present, as to what they had to say. The accused in their reply straightway stated that at the instance of the villagers they had abducted the woman in question. The Court examined the police record as well and dismissed the application for bail. It seems that after the accused had made the statement admitting their guilt, the counsel for the accused entered the Court. He objected that no question could be asked of the accused, and, that the statement made by them may have been induced by some fear. The Court observed that this objection would be given due weight at the stage of weighing the evidence. On these facts, this application for transfer has been moved.
(3.) The main contention of the learned counsel for the accused is that the Court was not justified in asking the accused what they had to say and that the Court cannot examine the accused in manner different from the one given in S. 342 or S. 253 Criminal P. C.;

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