ANIL KUMAR DAS Vs. SUKUMAR DE

JUDGEMENT

(1.) THIS is an application under Section 526 Cri.P.C. 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.) ON 26.10.1960 the complainant was present with 5 P.Ws. The petitioner was not present. An application' was moved on his behalf stating that he being a Census Supervisor was very busy. Another petition was also forwarded through his superior officer Mr. Mukherjee who was also a Magistrate at Udaipur to the same effect. But the Magistrate passed an order that though Census work must get priority, it did not mean that the petitioner should be exonerated from appearance in the criminal court to meet the charge against him and further that the petitioner was aware of his engagement beforehand and should have applied at least a week beforehand for adjournment. He therefore rejected the prayer for adjournment as not bona fide and he ordered the cancellation of the bail bond and issued warrant of arrest against the petitioner.