ARJUN SINGH Vs. GANGOTRI SINGH

JUDGEMENT

(1.) This application for revision arises in the following circumstances: Petitioner Arjun Singh, was attached as a constable to the Faro Police Station. On 12-9-1953, he was directed under a command certificate to execute a non-bailable warrant of arrest against Inder Sahni (opposite party No. 4), who was an accused in a case under Ss. 380 and 457, Penal Code. The petitioner lodged a first information report at 1-30 a.m. on 25-9-1953 to the effect that he went to village Amaitha and arrested Inder Sahni but Inder Sahni was rescued by P. Ws. 1 to 3 and others and he himself made good his escape. On the same date, Inder Sahni filed a petition of complaint, alleging that the petitioner had committed offences under Ss. 323 and 161, Penal Code by assaulting and demanding bribe from his (Inder Salmi's) wife.

(2.) In view of Section 7(1), Criminal Law Amendment Act (Act 46 of 1952), the case started by Inder Sahni has been transferred for disposal to Mr. H. H. Chandra, an Assistant Sessions Judge of Muzaf-farpur, who has been appointed as a Special Judge under the aforesaid Act. The case started against the four members of the opposite party by the petitioner is pending for disposal before a Magistrate named Mr. S.P. Mukherji, at Muzaffarpur.

(3.) The petitioner's prayer in this application is that both the cases pending before Mr. Mukherji and Mr. Chandra should be simultaneously tried in the same Court.