BIRBHAN Vs. EMPEROR

JUDGEMENT

(1.) This is an application for the transfer of. certain criminal proceedings, now pending against one Birbhan in the Court of a Sub-Divisional Magistrate of Farrukhabad, to a Court in some other district.

(2.) The applicant is a Sadh, and it is an unfortunate fact that for many years the Sadh community of Farrukhabad has been divided into two factions, known as the First and Second Parties, which are bitterly antagonistic. There has in particular been a long standing dispute between these rival parties over their respective rights to hold an annual bhandara in the common place of worship of the Sadh community in Farrukhabad known as the Chauki Sadan, and this dispute has led to much litigation between the two parties. The position at present is that each party is entitled to hold a bhandara in the Chauki Sadan, and on 18-8-1947, the date fixed by the District Magistrate of Farrukhabad, the First Party exercised its right. What actually occurred on that occasion is in dispute, but it appears that there was a good deal of disturbance as a result of which a number of adherents of the Second Party were arrested by the police and proceedings under Section 107, Criminal P.C., were instituted against members of both parties including the applicant. The applicant is a member of Second Party and it is in respect of the proceedings against him that the present application is made.

(3.) In support of this application various allegations have been made against the District Magistrate of partiality and personal interest, and it is said that as the Sub-divisional Magistrate to whom the proceedings against the applicant have been transferred is subordinate to the District Magistrate, the applicant has reasonable grounds for apprehending that he will not have a fair trial. The allegations of partiality and personal interest have been denied by, the District Magistrate, and I am not satisfied on the evidence before me that there is any substance in them.