EMPEROR Vs. KANVER SEN

JUDGEMENT

(1.) Kanver <JGN>Sen</JGN> , Ram Lal, Sat Narain, Gopal Krishna Consul, Kashi Ram Madan, Kishanchand and Beliram, who, with two others, are on their trial before a Magistrate of the First Class of Benares under Section 420, I.P.C. applied to this Court under Section 526(1), Criminal P.C. for the transfer of the case to some other criminal Court of equal jurisdiction on the ground that a fair and impartial trial could not be had in the Court where the case was pending.

(2.) The learned Government Advocate was instruced by the Local Government to oppose the application. The applicants were represented by counsel. The parties were heard and the application was eventually dismissed on the ground that it was frivolous and vexatious.

(3.) The learned Government Advocate moved this Court to exercise the power contained in the provision of Section 526(6-a), Criminal P.C. On behalf of the Crown, an affidavit was filed by Mohammad Fariduddin, which showed that the costs incurred by the Local Government in opposing the application amounted to Rs. 585-1-6.