RAM PRASAD MANDAL Vs. KING

JUDGEMENT

(1.) THE nature of the applications and their inter -connection will become apparent as I state the facts. No. 613 is an application by one Ram Prasad Mandal of village Dewanganj, P. 8. Partapganj, within the Supaul subdivision of the Saharea Bub -district, for transfer of proceedings under Section 107, Criminal P. C. (criminal Miscellaneous Case No. 64 T, B. SOS of 1947) from the Court of Mr. S. S. A. Nazir, Magistrate 1st Clase, Supaul, where they ace pending, to any Magistrate in the neighbouring sub -division of Madhipura or to SaharSa. It is stated that two landlords o village Dewanganj, Mr. H. S. Bennett and Babu Lakshmi Narain Lall Das, have disputes with their tenants. In 1947 proceedings under Section 144, Criminal P. d were instituted at the instance of one Ram Lakimn Das, a tenant, against Mr. Bennett. The result was, however, that on fith September 194,7, an order under 8.144 was passed not against Mr. Bennett, but against the tenants, and, as a result of matters disclosed in those proceedings the same day the then Sub -divisional Magistrate, Mr. Section 0. Misra, initiated proceedings under Section 107, Criminal P. C. against the petitioner, Earn Prasad Mandal. While these proceedings were pending, it is said that Lakshmi Narain Lall Daa filed a petition before Babu Panoham Narain Singh, President of the Local Thana Congress Committee, and, on 17th November 1947, Pan -Cham Narain Singh sent this to the Subdivbional Magistrate with an endorsement which must be quoted in full:

(2.) AT this time the s, 107 -proceedings were still pending in the Sub -divisional Magistrate's Court, and on 22nd November, on receipt of this communication, the Sub -divisional Magistrate recorded this order in the order sheet:

(3.) ON 3rd May the order is: