MADAN LAL CHADHA Vs. STATE

JUDGEMENT

(1.) A case against Sardar Singh, Satinder Singh and Ram Rattan, under section 325 read with section 34 of the Indian Penal Code. was being tried by Shri A. C. Kher, Magistrate First Class, Delhi. The charge against the accused was that when on September 26, 1964, Shri N. C. Pun along with Shri R S. Oberoi, Notary Public, and Sarvshri Hari Chand, Madan Lal, Bal Kishan and Narinder Nath had gone to the shop of Sardar Singh to demand from his brother, Joginder Singh, the amount of a promissory note, the accused caused a grievous injury to Hari Chand On the completion of the prosecution and the defence evidence, the learned Magistrate heard arguments on Januaiy 28, 1967, and ordered the case to come up for pronouncement of judgment on the 31st of that month. That day, Sardar Singh accused did not appear but sent a certificate about his bng ill from a private medical practitioner. The case was, therefore, ad]'ourn(d to February 2 and Sardar Singh was required to get himself examined from the police surgeon. The police surgeon vended the illness of Sardar Singh. on which further adjournments were given. In the meantime, Sardar Singh applied for transfer of the case.

(2.) Shri Rajinder Jain Additional District Magistrate (Central), after obtaining comments of Shri A. C. Kher, by an order, dated March 20, 1967, transferred the case to the Court of Shri V. N. Chaturvedi, Sub-Divisional Magistrate (Headquarters). No notice of the transfer application was given and reasons for withdrawing the case from the file of Shri Kher were not rccorded. The order read as under :- "20th March 1967. Applicant present. Heard and gone through the comments and record. Case be transferred to the Court of Shri V. N. Chaturvedi S. D. M. (HQ). He is directed to appear before that Court on 23rd March 1967."

(3.) Shri Chaturvei.after the case was made over to him, heard arguments, on March 27. l967. and fixed March 31. 1967, for judgment. On that date, the judgment could not be pronounced as Madan Lal, who had been one of the prosecution witnesses. filed a revision petition against the order of the Additional District Magistrate by which the case was transferred to the Court of Shri Chaturvedi The revision petition was heard by Shri M. I. Jain, Additional Sessions Judge, Delhi, and was dismiswsed on May 5, 1967. Madan Lal then moved the High Court on the revisional side.