CHIMANSINGH BALBHADRASINGH Vs. STATE

JUDGEMENT

(1.) THIS is an application, under S. 526, Criminal P.C. for the transfer of an enquiry, which, it is said, is being made by Mr. Ghoshal as a special Magistrate, to any other Court of competent jurisdiction.

(2.) IN his application the petitioner alleges that during the course of firing which took place near the Secretariate building, Lashkar, on the afternoon of 9 -8 -1950, amongst the students who were injured was a nephew of the petitioner and that he subsequently succumbed to the injuries; that on 13 -8 -1950 the Madhya Bharat Government by Notifn. No 207 dated 13 -8 -1950, published in the Gazette of the same date appointed Mr. U.K. Ghoshal, I. C. S. as :

(3.) IN his dear and helpful reply Mr. Ghoshal has drawn our attention to a Notification of the Ministry of the Home Affairs, Government of India, placing his services temporarily at the disposal of the Government of Madhya Bharat with effect from the afternoon of 12 -8. 1950, and to a resolution of the Madhya Bharat Government published under the Cabinet department No. 886 -c -iii -1950 in the Gazette of 12 -8 -1950 appointing him as a Spatial Inquiry Officer for holding a preliminary inquiry into the incidents which culminated in the firing by the police on 9.8 -1950 and making a report thereof to the Government. Mr. Ghoshal further states that he is holding the inquiry in his administrative capacity and although the Government has invested him with the powers of a Magistrate of First Glass, he has not so far exercised any such powers under any of the provisions of the Criminal Procedure Code. He says: