Before Abdul Aziz, C. J.
Mst. SEHAT KHATOON
Criminal Revision Petition No. 35 of 1950, decided on 10th May, 1950, against the order of Sessions Judge, Rahimyar Khan, dated 20th March, 1950.
(a) Criminal Procedure Code (V of 1898), S. 526 (8)¬ Provisions imperative-Proceedings in disregard of, illegal.
The provisions of section 526 (8), as they stand are absolutely imperative in terms. The Magistrate is bound to adjourn the case, on the application for transfer by the accused, when the accused are within their rights, till such period as would afford a reasonable time for the application for transfer to be made. Where the Magistrate without granting the adjournment proceeds with the case, the trial becomes illegal and not merely irregular and all subsequent proceedings must therefore be set aside on that ground alone. [p. 651.
1931 Bom. 411; 1930 All 263 referred to.