TARA CHAND Vs. EMPEROR

JUDGEMENT

(1.) These two applications arise out of certain proceedings before the Assistant Superintendent of the Doon, Mr. Sucha Singh, I.C.S., in a petty case under the Forest Act. The case appears to be one which might well have been tried summarily and disposed of in a few minutes. The accused persons thought otherwise. They engaged two or more counsel, and they set to work to delay the proceedings in every possible way.

(2.) Their application for transfer of the case both from the Court of Mr. Sucha Singh and from the Dehra Dun District is based, first of all, on the issue of a warrant instead of a summons for one of the accused by Mr. Sucha Singh, and secondly on the proceedings in his Court when the case came up for trial. The issue of the warrant has been explained by Mr. Sucha Singh. The Forest Ranger asked him to issue a warrant on a Sunday; and he accepting the words of the Forest Ranger, as he very well might, issued the warrant. Unfortunately he omitted to add any provision as to bail; but as soon as bail was asked for, he corrected this mistake. No objection was taken to the issue of the warrant when the case came on for hearing, and this grievance has merely been revived in order to obtain an order of transfer. No apprehension that the Court was prejudiced could possibly arise from the incident of the warrant.

(3.) I now come to the proceeding in Mr. Sucha Singh's Court. This gentleman was called upon to meet the tactics of certain lawyers who attempted from the beginning of the day to irritate him by making requests and applications which were of no value, and in other ways by trying to make him lose his temper. Mr. Sucha Singh preserved his temper throughout in an admirable manner. He showed not the slightest animus against either the accused or their lawyers, and I have no hesitation in saying that if ever any person was before a Court which was entirely unprejudiced and prepared to give justice, it is the case of the present applicants for transfer.