GOKUL PRASAD Vs. EMPEROR

JUDGEMENT

(1.) This is a transfer application in which Gokul Prasad and others ask that a case now before a Special Magistrate, Captain Bijai Prasad Singh, may be transferred to some other competent Magistrate's Court outside the district of Benares.

(2.) The affidavit in support of this application is untrue in one important respect. Para. 11 runs as follows: That the learned trying Magistrate was a class-fellow of B. Sahadeo Singh, Advocate, and is on terms of intimacy with him.

(3.) The statement "on terms of intimacy with him" is a falsehood. The Magistrate in his explanation has said: About fifteen years ago Babu Sahadeo Singh Advocate, was my class- fellow for a few months. I know him then very casually and after that I have never met (him) as a friend or intimate and have never exchanged any social visits as he is not known to me well.