IN RE: BISRAM PUNAU GANDA KOTWAR Vs. STATE

JUDGEMENT

(1.) One Bisroo filed a complaint against Bisram contemner No, I under Sections 497 and 498 of the Penal Code in the Court of Mr. M.P. Raturi, Judge-Magistrate, Mahasamund. However, the ease was registered only under Section 498 of the Penal Code. On 9-8-1961, prosecution witnesses were examined before charge. On 11-8-1961, Mr. Thite, Pleader, who was representing the accused, intimated to the Court the intention to move for a transfer of the case to another Court and prayed for stay of the trial.

(2.) On 3-10-1961 an application for transfer was made under Section 528, Criminal Procedure Code, to the Additional District Magistrate, Raipur, for transfer of the said criminal case from the Court of Mr. Raturi on the grounds that Mr. Raturi had kept this case on his own file when the offence was triable by a Magistrate of the second class; that Mr. Raturi did not allow the defence counsel to cross-examine the witnesses fully; and that when the prosecution witnesses were being cross-examined by the defence counsel, the Magistrate uttered these words:

(3.) Mr. Raturi took exception to these allegations as scandalising his Court.