JAIRAM SINGH Vs. EMPEROR

JUDGEMENT

(1.) THERE is a case (No. 27 of 1926) pending in the Court of Mr. Laxminarayan, 1st Class Magistrate, Wardha. It is a case under Section 145, Criminal P.C. There is a dispute as regards the property left by one Parbati Bai between the applicant Jairam Singh and one Narayan Singh. Narayan Singh's case is that his son Parashram Singh was adopted by the deceased, while Jairam Singh claims he is a reversioner. The evidence for Jairam Singh has all been taken and. the Court is now taking evidence of Parashram Singh. On 19th October last Jairam Singh applied to the District Magistrate for a transfer of the case and he, in his application, made certain definite allegations against the Magistrate; allegations which led him to suspect of fear that the Magistrate was against him. These allegations were: (1) That Mr. Laxminarayan sent for the applicant at his bungalow about a month ago and he advised him to give about four annas share to Narainsingh. The applicant declined to accede to this suggestion. (2) That Lachiramsingh Malguzar. father of Narainsingh, is a special friend of Mr. Lasminarayan, and he must have told all about the case to the Court. The applicant apprehends and has strong reason to believe that justice will not be done in the Court of Mr. Laxminarayan as it is impossible for the Court to dissociate himself with the knowledge or information about the case. (3) That after the institution of this case the applicant had personally twice seen Narainsingh in the bungalow of Mr. Laxminarayan and it is likely Narainsingh also has prejudiced the Court against the applicant. (4) That, on 18th October 1925, Narainsingh informed the applicant that they both should go to the Court at his house and a compromise would be effected. Narainsingh further said Court to hamara hai.

(2.) NOW one would expect the Magistrate to categorically deny the allegations made or to explain exactly what has happened. But Mr. Laxminarayan's answer can only be termed evasive. It runs: (1) I have not the least objection if the case is transferred from my file. (2) I am not in any way prejudiced against the applicant and would be the last man for such a prejudice against anybody. (3) Being an outsider and stranger to this place I have no friendship with anybody in the Wardha District. (4) Of course in the capacity of Sub-Divisional Officer and an Executive Officer, when necessity arises, I do see people.

(3.) I think this case should be transferred, and I transfer it to such other competent Court as the District Magistrate may elect. The applicant agrees that no trial de novo will be ordered. His case is closed, and the new Magistrate will proceed with the case from the stage at which it now stands, the applicant Jairamsingh not being allowed to call further parol evidence.