ALIMUDDIN HOWLADAR Vs. EMPEROR

JUDGEMENT

(1.) THIS Rule must be made absolute. Although the law does not expressly provide for a case such as the present, which is under Section 110, Chapter VIII of the Criminal Procedure Code, in the same manner as Section 191 declares the course to be taken when a Magistrate has taken cognizance of an offence upon his own knowledge or suspicion, still the principle holds good that no man ought to be a judge in his own cause. In the proceeding in which action was taken under Section 110 the Magistrate records: Whereas it appears from the report of Babu Kristo Chandra Chandra, Sub- Inspector, Bhandaria, also from my knowledge of previous cases, that the above- mentioned persons have been habitually committing offences involving a breach of the peace, etc., and they are so desperate and dangerous as to render their being at large without security hazardous to the community, they are called upon to show cause why they should not be bound over for their good behaviour.

(2.) THE Magistrate therefore has proceeded in some measure, if not mainly, on his own knowledge of the character of the petitioner, and he was in our opinion therefore not a proper person to proceed with this trial by, to use the words of Section 117, inquiring "into the truth of the information upon which action has been taken." THE case therefore must be transferred to some other Magistrate. We accordingly direct that the proceedings be transferred to the District Magistrate to be dealt with by himself or to be transferred to some other competent Magistrate in the district.