NEAMAT SHA Vs. HANUMAN BUKSHA AGARWALLA

JUDGEMENT

(1.) The petitioner, with two other accused persons, was tried by the Sub-Deputy Magistrate at Noagaon for offences under Section 147 and 323, I. P.C., and convicted.

(2.) On 24 October 1930, the case for the defence was closed and the Magistrate adjourned the trial to 27 November for argument and judgment only.

(3.) On that day an order transferring the Magistrate was communicated to him in Court. On hearing this, the defence pleader retired immediately from Court. Later he returned and filed a petition for adjournment under Section 526. The two other accused dissociated themselves from this petition. No reasons were given, and it was obvious to the Magistrates that the sole object of the petitioner was to render the trial abortive. He rejected the petition on the ground that the trial was finished, the arguments and judgment forming no part of it. For this proposition he relied upon the decision in Public Prosecutor of Madras V/s. Chockalinga Ambalam A. I.R. l929 Mad. 210. Thereupon the pleader filed a hajira of three further witnesses, and asked for permission to examine them. To this the Magistrate acceded, because they ware present in Court and ha did not like to shut out their evidence. After this ha heard the arguments. On the following day ha gave judgment.