MATHURA PRASAD Vs. EMPEROR

JUDGEMENT

(1.) A paper was presented apparently before the Munsarim of the Second Additional Judge s Court of Aligarh. It bears date the 12th of December 1916. It is paper No. 7A on the record. It is written in English, purports to be signed in Urdu by one Mathura Parsada bakalam khud. There is an endorsement upon the back of the paper. This endorsement is evidently by an India rubber stamp and so far as it is legible it runs thus: Solemnly affirmed before me by Mathura Prasada who was identified by Babu Mohan Lai Tingal, a Pleader at this (here follows a word illegible) having the contents hereof admitted the same to be correct. Nawal Kishore, Munsarim, Second Additional Judge s Court.

(2.) The allegations made in it are: (a) I solemnly affirm on oath that A. Hamilton, Esq., I. C. S., Magistrate of Etah, is a Member and Chairman of the Sub-Committee of Buildings of the Municipal Board of Kasganj and that he took an active interest in sanctioning the prosecution of Balkishen appellant. (b) I solemnly affirm on oath that the said Magistrate before commencing the trial of Balkishen appellant expressed his opinion to convict and fine him Rs. 150. (c) I solemnly affirm on oath that the said Magistrate being overpowered with excitement caught hold of Balkishen s neck and gave him a rude push at the time of inspection of the locality.

(3.) The Second Additional Sessions Judge, holding that the first and second allegations were false and the allegation in the third paragraph exaggerated, came to the conclusion that there were good grounds for holding that Mathura Prasada had committed an offence under Section 193 of the Indian Penal Code. He sent the case to the learned District Magistrate with a request that he should make it over for trial to one of his Subordinate Magistrates.