IMAMI Vs. DAYA RAM

JUDGEMENT

(1.) Imami filed a complaint under Sections 323, 380 and 452, Penal Code against Daya Ram and others. The case was tried by Sri Nahar Singh, Magistrate 1st class, Agra who came to the conclusion that no offence under Sections 380 and 452, Penal Code had been made out while an offence under Section 323 was made out. Ha acquitted the accused of the former two offences and transferred the case to the Panchayati Adalat in view of Section 56, Panchayat Raj Act. On an application by the complainant the Sub-Divisional Magistrate cancelled the jurisdiction of the Panchayati Adalat with regard to this case. This order was passer, under Section 85, Sub-section (1), Clause (a).

(2.) After the jurisdiction of the Panchayati Adalat had been cancelled the Additional District Magistrate sent this case back to Sri Narhar Singh but later, on an application by the accused, he transferred the case to the Court of Sri Har Narain.

(3.) This is an application praying for the transfer of the case from the Court of Sri Har Narain to that of Sri Nahar Singh on the ground that the entire evidence had been recorded by that learned Magistrate.