CHHANGA Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Chhanga against whom the Additional District Magistrate (Judicial), Mr. S. P. Jindal, has made a complaint under SB. 193/199, Penal Code.

(2.) CHHANGA made applications for transfer of two cross-cases pending in the Court of a certain magistrate before the District Magistrate. These applications were heard by the Additional district Magistrate, Mr. Jindal. In these applications certain allegations were made against one mr. Jatan Swarup to the effect that the opposite parties to the application were friendly with Mr. Jatan Swarup and that they had given a thousand rupees to Mr. Jatan Swarup in order that he may influence the trying Magistrate who was an intimate friend of Mr. Jatan Swarup, and that by that means the opposite parties had assured their success in the case.

(3.) THE Additional District Magistrate, when he had the transfer application, before him, and when he saw the aforementioned allegations in the affidavit, resorted to a rather out of the common procedure, of summoning the oath commissioner who had verified the affidavit, the person who had identified the deponent before the oath commissioner and examining them as also of summoning and examining Mr. Jatan Swarup. Mr. Jatan Swarup denied having had anything to do with this matter, much less, having taken money and having tried to influence the trying Magistrate. After the Additional District Magistrate had recorded all this evidence, he dismissed the transfer application and immediately thereafter made a complaint against the applicant about which I have already referred.