(SHEIKH) MUHAMMAD AKBAR Vs. EMPEROR

JUDGEMENT

(1.) This is an application for transfer of two cross cases now, de facto pending before Mr. Jhanki Nath Sahai, a Magistrate of Azamgarh, exercising the powers of a Sub-Divisional Magistrate.

(2.) It appears that one Deepu filed a complaint against one Akbar. The case was sent to the Court of an Honorary Magistrate, Rai Sahib Babu Din Dayal Sahu Akbar filed a cross complaint, which was also pending before the said Honorary Magistrate. Akbar induced the Officer to send the cases back to the Sub-Divisional Magistrate, evidently because Akbar did not want that Sahu Din Dayal should hear the cases. The learned Sub-Divisional Magistrate returned the cases. Akbar then applied to the District Magistrate for transfer. The learned District Magistrate transferred both the cases from the file of Sahu Din Dayal to the file of the Tahsildar Magistrate. Then, it appears, that Deepu put in an application before the Sub-Divisional Magistrate asking him for transferring the cases from the Court of the Tahsildar Magistrate. Babu Janki Nath Sahai passed an order dated the 27 of August, 1924, and thereby purported to have the cases transferred from the file of the Tahsildar Magistrate to his own file.

(3.) In the transfer application two points are made. One is that the Sub-Divisional Magistrate had no jurisdiction to practically set aside the order of the District Magistrate transferring the cases to the Cour6 of the Tahsildar Magistrate. The second point is that having regard to the temper expressed in his order dated the 27 of August, 192i, the applicant Akbar feels that he would not have impartial justice at the hands of the learned Sub-Divisional Magistrate.