MUSA SINGH Vs. GOSTHA BEHARY CHATTERJEE

JUDGEMENT

(1.) One Musa Singh is a motor lorry driver; that on the 6 March 1928 when he was driving the motor lorry "Amaya Bhulona" of his master Jung Bahadur, one Gosto Behari Chatterji was also driving another motor lorry "Bijoli" on the Midnapore-Bankura Road within the police station of Garbetta in the District of Midnapore; that the latter lorry collided with the lorry driven by Musa Singh and his lorry was badly injured. Musa Singh instituted a criminal case under Section 426, I.P.C., against the accused Gosto Behari Chatterjee before the Sub- Divisional Officer of Midnapore Sadar and the accused was duly summoned. Before the accused entered appearance in pursuance of the said summons the Sub-Inspector of Police of Barberta submitted charge sheet under Section 5, Act 8 of 1914 (Motor Vehicles Act) against both the complainant and the accused. These two cases along with the case in which Musa Singh was the complainant were transferred to the file of Babu S.N. Sarkar, Deputy Magistrate, First Class, of Midnapore Sadar; that the said learned Deputy Magistrate disposed of the two police cases on 16 May 1928 convicting Musa Singh and acquitting Gosto Behari Chatterjee.

(2.) After the disposal of the said two cases on the same date the same learned Deputy Magistrate wanted to proceed with the trial of ths said case under Section 426, I.P.C., the said Musa Singh apprehending that the said learned Deputy Magistrate had already formed an opinion in favour of the opposite party and as such he could not expect a fair and impartial trial at his hands filed a petition praying for an adjournment on the ground that he was going to move the higher authorities for a transfer of his case from his file and the learned Deputy Magistrate adjourned the case to 18 May 1928.

(3.) On the next day i.e., on 17 May 1928 Musa Singh filed a petition under Section 528, Criminal P.C., before Mr. S.C. Ghatak, the Additional District Magistrate of Midnapore for the transfer of his case from the file of the said learned Deputy Magistrate to that of any other Magistrate and the said Additional District Magistrate called for the records of the case to his file and stayed further proceedings pending in the Court of the said Deputy Magistrate on the same date i.e. on 17 May 1928.