AMBARO S/O. DANDYA Vs. EMPEROR

JUDGEMENT

(1.) THIS is an application for revision of the order passed by the District Magistrate, Bhandara, in criminal Appeal No. 2 of 1946, decided on 8-5-1946. Crown did not put in an appearance. The applicant was a party to a case under Section 145, Criminal P.C. During the pendency of that case he expressed his intention of moving this Court for a transfer. This he did on 19-12-1945 and the Court purporting to act under Section 526(8), Criminal P.C., adjourned the case for a month and ordered the applicant to enter into a bond for Rs. 100 that he would make such an application within one month.

(2.) THE applicant made an application before the District Magistrate which was dismissed. The record was received back on 28-2-1946 when the applicant informed the Court that he wanted to move the High Court for the transfer of the case. The case was accordingly adjourned to 13-3-1946 on which date the applicant informed the Court that he did not wish to make any such application.

(3.) AT the outset Mr. Sen raised a preliminary objection saying that the bond could not be taken from his client as the Court had no power to do so. He referred to Jamir Sheikh v. Murari Mohan and Loka Mahton v. Kali Singh A.I.R. 1927 Pat. 351. In these cases it was held that Section 526(8) did not in terms apply to cases falling under ch. 12, Criminal P.C. The Code was amended after these cases were decided, but the intention still seems to be that Sub-section (8) should not apply to proceedings under Ch. 12 of the Code. This is obvious from the opening words of the Sub-section where inquiries under chs. 8 and 18 are mentioned but not those under Ch. 12. Even if the meaning of the word "trial" be held to include an 'inquiry' the words "before the defence closes its case" are inappropriate to proceedings under Section 145, Criminal P.C., In my opinion the action of the learned Magistrate in taking a bond from the applicant wag not warranted by law. The learned Magistrate was not bound to adjourn the case and he could not take a bond from the applicant.