MAKHAN MAPA Vs. MONINDRA NATH BOSE

JUDGEMENT

(1.) This Rule has been issued on two grounds; first, why the case should not be transferred from the file of the Sub-Divisional Officer, Diamond Harbour, to the of some other competent Magistrate, and secondly, why the case in which the petitioner is the complainant should not be postponed pending the hearing of the case in which the petitioner is the accused.

(2.) With regard to the first ground, we have gone through all the papers in connexion with this litigation, which has been hanging for a long time mainly on account of the conduct of the petitioner and we do not think, that any ground has been made out for our interference on that ground. The allegations made against; the trying Magistrate have all bean denied; and there is one fact which makes it undesirable that the case should be transferred from the file of the Sub" Divisional Officer. An application was made previously to this Court for the transfer of the case in which, the petitioner the accused from the file of the Sub-Divisional Officer. The application was refused with the result that the case against the petitioner will be tried and is being tried by the Sub-Divisional Officer. It will not be desirable that the case in which the petitioner is complainant should be tried by another Magistrate.

(3.) With regard to the second ground there have been several decisions of this Court which cannot at first sight be easily reconciled. The petitioner and the opposite parties have been fighting over a piece of land. There was a fight between them on the 22 November, 1924. The opposite parties lodged a complaint on that day before the Kulpi Police charging the petitioner and his man with rioting and causing grievous hurt. On the 25 November 1924 the petitioner filed a complaint before the Deputy Magistrate of Diamond Harbou r charging the opposite party with the same offence. The matter was sent to the police for enquiry and it appears, that both the cases were sent up by the police.