KALI CHARAN GHOSE Vs. EMPEROR

JUDGEMENT

(1.) This rule was issued. on the District Magistrate of Faridpur and the complainant Raj jab Ali to show cause why the case against the petitioner now pending in the Court of the Sub- divisional Magistrate of Madaripur should not be transferred for trial to some other Magistrate in the district competent to try it.

(2.) The complainant has not appeared and shown cause. The Subdivisional Magistrate of Madaripur has submitted an explanation through the District Magistrate, and the District Magistrate has stated in his letter to the Registrar of this Court that it will be extremely inconvenient and expensive to the complainant and his witnesses, especially at the present sowing season, to attend any Court other than a Court at Madaripur for the trial of the case. The District Magistrate has also expressed his fear that the transfer of the case might compel the complainant to come to an amicable settlement with the accused and thus defeat justice.

(3.) The main grounds relied on by the petitioner for the transfer of the case are (a) that the Subdivisional Magistrate took an active part in the investigation of the case by the Police, (b) that he has entertained a bias against the petitioneis as regards their commission of the offences with which they are charged, (c) that he has displayed by his words and conduct an anxiety for the conviction of the petitioners, and (d) that he was wrong in not at once postponing the hearing of the case when the petitioners applied to him for time for moving this Court for a transfer of the case.