SHAIR ALI Vs. JAGMOHAN RAM

JUDGEMENT

(1.) This is an application for revision of an order passed by the City Munsif of Azamgarh on 12 March 1930 directing that the name of Babu Janki Nath Sahai be struck off the plaint under Order 1, Rule 10, Clause (2), Civil P.C.

(2.) The applicant had instituted a suit for damages for malicious prosecution against two defendants viz., Jagmohan Earn, the complainant, and Babu Janki Nath Sahai, the trying Magistrate, upon allegations which appear to us to be somewhat curious.

(3.) Jagmohan Ram, defendant 1, and Shair Ali, plaintiff, are residents of Baragaon, a village within the jurisdiction of the Subdivisional Magistrate of Ghosi. On 12 October 1928, Jagmohan Ram lodged a complaint against Shair Ali, the plaintiff, Ziauddin, his father, Alim Uddin, and Barhu Bhar, in the Court of Babu Janki Nath Sahai who was the Subdivisional Magistrate of Ghosi under Sections 447 and 323, I. P.C. During the pendency of the complaint, Babu Janki Nath Sahai was transferred from Tahsil Goshi and was put in charge of Tahsil Sagri in the same district. On the application of the complainant, the District Magistrate transferred the case to Babu Janki Nath Sahai presumably upon the ground that he had heard the case in part. Upon a consideration of the evidence, Babu Janki Nath Sahai discharged Barhu and Alim Uddin. It is not known if the case proceeded against Ziaud-din at all or what orders were passed about him. It is not improbable that Ziauddin might not have appeared before the Pargana Officer because of his alleged illness. The Magistrate convicted the plaintiff Shair Ali on 15 January 1929 and sentenced him to six weeks rigorous imprisonment and a fine of Rs. 50, and further ordered that, in default of payment of fine, Shair Ali was to be imprisoned for a further period of six weeks. The Magistrate also ordered that Shair Ali should pay to Jagmohan Ram, complainant, and to Barhu and Alimuddin the sums of Rs. 20, Rs. 10 and Rs. 10 as court-fee, process fee and compensation respectively.