LAL BEHARI Vs. STATE

JUDGEMENT

(1.) THESE are three applications, one of which is an application for contempt of Court against the special Manager, Court of Wards, Sitapur incharge Rampur Mathura estate (Criminal Misc. Appln. No. 479 of 1951) and other two are applications for the transfer of two cases pending in the Court of the Sub-Divisional Magistrate Sidhauli, district Sitapur (Criminal Misc. Applns. Nos. 477 and 478 of 1951 ). The circumstances which have given rise to these applications may be briefly stated as follows:

(2.) RAMPUR Mathura estate and Kapurthala estate in Avadh are separated by the river Gogra which constantly changes its course. On account of alluvion and diluvion disputes constantly arise regarding the boundaries of the two estates. Rampur Mathura estate is under the superintendence of the Court of Wards and Sri Balbir Saran Das was the Special Manager of the court of Wards in the month of October 1951. One Mitunjai Bakhsh Singh, who alleged himself to be the tenant of certain plots situated in Rampur Mathura estate, applied on 15-10-1951, to the special Manager, Court of Wards, Sri Balbir Saran Das, stating that he was a tenant of Rampur mathura estate, and that Sardar Sohan Singh Tehsildar Kapurthala Estate and others were raising a dispute about the possession of the plots and praying that proper steps may be taken against them. The special Manager, incharge of Rampur Mathura estate, directed the said Mirtunjai baksh Singh to file a complaint under Section145, Criminal P. C. On 16-10-1951, the said special Manager, Court of Wards, Rampur Mathura estate, sent a report to the Deputy commissioner of Sitapur about the proposed application under Section145, Criminal P. C. by jagatpal Singh, who was the mukhtar of Mirtunjai Bakhsh Singh and was going to file an application on behalf of his master before the S. D. O. , Sidhauli. The last paragraph of this report runs as follows: "the S. D. O. , Sidhauli may be asked to look into this matter carefully and do needful. " On this report the remark of the Deputy Commissioner was "seen". On 17-10-1951, the said Mirtunjai Bakhsh Singh through his mukhtar Jagat Pal Singh put in his application for action being taken under Section145, Criminal P. C. against the applicants in the court of Sri S. N. Sharma Sub-Divisional Magistrate, Sidhauli. On 18-10-1951, the Special manager Rampur Mathura resubmitted his report of 16-10-1951. with the remark that "as orders have not been passed on portion marked X of my report hence it is resubmitted. " The portion marked X referred to his report of 16-10-1951, in which he had requested the Deputy commissioner to ask the S. D. O. , Sidhauli to look into the matter carefully and do the needful. After the file was submitted to him again the Deputy Commissioner passed the following order: "this will be done when the S. D. O. conies to see me and you may also bring this fact to his notice. " on 29-10-1951, the Special Manager, Court of Wards, after referring to the various reports and orders mentioned above wrote to the Sub-Divisional Magistrate, Sidhauli as follows: "please see this. 1 will speak to you when we meet. Attachment of crop is absolutely necessary. " on the same date the Sub-Divisional Magistrate. Sidhauli passed a preliminary order attaching the crops. The actual order runs as follows :

(3.) ON 5-12-1951 the applicants made the above-mentioned application in this Court stating the above facts and praying that in view of the facts stated therein Sri Balbir Saran Das, Special manager, Court of Wards, Rampur Mathura, was guilty of contempt of Court and uitable action be taken against him. This is Criminal Misc. Appln. No. 479 of 1951. The applicants have also filed an application submitting that the above facts and circumstances showed that Sri Balbir saran Das, Special Manager, Court of Wards, Rampur Mathura. estate and the Deputy commissioner of Sitapur (incharge of the Court of Wards) had been trying to influence the mind of the court and the Sub-Divisional Magistrate, Sidhauli being subordinate to the Deputy commissioner of Sitapur, there was an apprehension in the mind of the applicants that they would not receive a fair and impartial trial in his Court. Further in view of the fact that all the sub-Divisional Magistrates of Sitapur were subordinate to the Deputy Commissioner of Sitapur who was taking interest in the case, it was expedient in the interests of justice that the case be transferred from the district of Sitapur to some other district. This is Criminal Misc. Appln. No. 478 of 1951 and relates to case No. 250 of 1951,