PT. BAL MUKAND Vs. PT. HAR DEV SHARMA

JUDGEMENT

(1.) THIS is a petition under Section 526, Cr. P. C., by one Pt. Balmukand, for transfer of the case under Section 501, I.P.C.,' pending against him and his brother Sada Nand on the complaint of one Pt. Har Dev Sharma in the Court of the Magistrate first class Solan. With this petition his aforesaid brother and co accused has to day associated himself.

(2.) THE petition is on the ground that a fair and impartial trial cannot be had in the said Court. The allegations, to be mentioned presently, contained in the application for transfer are supported by the petitioner's affidavit.

(3.) 7 6 1952 was the first date on which the present petitioner presented himself as an accused in the case before the learned Magistrate. The allegation of the petitioner is that on that date the Magistrate asked him to come to a compromise with the complainant otherwise he would suffer. The learned Magistrate in his explanation admits that he did suggest that the parties should come to a compromise, and that for that purpose the case was adjourned to a date four days off. But the Magistrate denies the allegation that he intimidated or threatened the petitioner. I see no reason not to accept this denial of the learned Magistrate. At the same time, the fact remains that the learned Magistrate did suggest a compromise to the parties.