HEM CHANDRA KAR Vs. MATHUR SANTHAL

JUDGEMENT

(1.) A criminal case against the petitioners is pending on the file of the Sub-Deputy Magistrate of Bishnupur (Babu K.C. Haldar), who disposed of another case, apparently relating to the same dispute between the parties on the 21 December 1908. This Rule is for transfer of the said case. Cause is shown by Babu Srish Chandra Chowdhury, Junior Government Pleader, and by Babu Jnanendra Nath Sarkar, Vakil.

(2.) The Rule was issued for the transfer of the pending case on the ground that the Sub- Deputy Magistrate had arrived at findings adverse to the petitioners in the case disposed of by him on the 21 December 1908.

(3.) Babu Dasarathi Sanyal, who appears in support of this Rule, has informed us that the Sub-Deputy Magistrate did not pay any heed to the telegram which was sent by him intimating the direction given by this Court to stay further proceedings. A supplementary affidavit, with the original telegram, has been put in, and the learned Vakil has called our attention to two cases in the Law Reports in which the learned Judges commented somewhat severely on the action of the Magistrate in disregarding a similar intimation, and, in both these cases, this Court held that the conduct of the Magistrate indicated clearly the bent of his mind and his bias against the accused.