EMPEROR Vs. GURU PRASAD MUKHTAR

JUDGEMENT

(1.) This is a reference by the Sessions Judge of Gaya under Section 14, Legal Practitioners Act, on a report relating to the conduct of one Babu Guru Prasad, Mukhtar, practising at Nawadah which was sent up by the Sub-divisional Officer of Nawadah through the District Magistrate. There were two charges against the mukhtar: the first of which having regard to the seriousness of the other charge is of no great importance, and the Judge considers that it may in the circumstances be overlooked. It is that of making insulting references in a transfer petition against the Sub-divisional Magistrate. Having regard to the view that we take of the second offence I need make no further reference to this charge.

(2.) The second charge relates to the conduct of the mukhtar in the professional representation of an individual named Bacho Singh against whom charges under Section 107, Criminal P.C., were proceeding. Bacho Singh appears to have been undesirous of appearing before the Magistrate and after various adjournments on his application the case was fixed to come on for hearing before the Magistrate of Nawadah on 10 July, Bacho Singh being released on bail for that purpose.

(3.) Now the case was called on before the Magistrate at about 11 o clock in the morning and the mukhtar, Babu Guru Prasad, then appeared in Court and informed the sub-divisional Magistrate that Bacho Singh was unwell at Mirganj; that he the mukhtar had seen him there on the day before and he asked for permission to appear on behalf of Bacho Singh as Bacho Singh was unable to appear personally. This immediately provoked an indignant denial of the truth of the statement from persons on the other side of the case who were present in Court. Thereupon one Ramdeo Singh swore an affidavit before the Court and in that affidavit he stated that after the release of Bacho Singh to appear in Court he had seen Bacho Singh in the Court compound at Nawadah at 10 o clock and also seen the mukhtar there at the same time; that the mukhtar was with Bacho Singh and that Bacho Singh was signing a mukhtarnama at the time. Later on the Magistrate called upon Bacho Singh to answer charges and the witnesses, that is to say Ramdeo Singh and two other persons who will be named in a moment, appeared before the Magistrate and gave evidence.