ANIL KUMAR DAS Vs. SUKUMAR DE,

JUDGEMENT

(1.) THIS is an application under Section 526 Criminal Procedure Code for transfer of the criminal case C. R. No. 242 of 1960 from the file of Sri P. K. Roy, Magistrate to some other Magistrate, The petitioner's application to the Sessions Judge under Section 528 was rejected by him.

(2.) THE petitioner was the accused in the said criminal case. When the case was taken up for hearing on 31.8.1960 the respondent -complainant was present with 6 P. Ws and he wanted to cite two more P. Ws not mentioned in the complaint. The petitioner stated that if further P. Ws were being permitted, he would like to have the evidence of all the P. Ws together. But the Court ordered that the P. Ws present may be examined first and an opportunity will be given for citing fresh P. Ws later. Thereupon the petitioner submitted a petition that all the P. Ws should be examined on the same day as otherwise he would be prejudiced. But the Court rejected the prayer.

(3.) THEREUPON the petitioner intimated the Court that he would move a petition for transfer of the case under Section 526 Criminal Procedure Code The Magistrate passed an order that he was ready to : adjournment for moving the transfer, but that as the complainant has spent a lot of money in securing the presence of the P. Ws, he should be compensated and he made a conditional order of adjournment stating that the petitioner should pay adjournment costs of Rs. 17/ - then and there, failing which the prayer for adjournment would stand rejected and P. Ws would be examined. The petitioner then paid the adjournment costs and the case was adjourned to 26.10.1960.