MUKTI NARAYAN GIR Vs. EMPEROR

JUDGEMENT

(1.) This is an application on behalf of one Mukti Narayan Gir, who has been ordered to be prosecuted under Section 211, I.P.C., as the result of a proceeding under Section 476, Criminal P.C., started by the Sub-divisional Officer of Bettiah by his order, dated 6 April, 1939. The petitioner appealed to the learned Sessions Judge of Muzaffarpur under Section 476-B, Criminal P.C., but without success. Hence he moved this Court, and a rule was issued by Mohamad Noor J., on 30 August 1939. It is necessary to state the fActs, though somewhat briefly. On 23 January 1939, an incident admittedly occurred owing to the Cane Inspector having gone to the place of the petitioner in order to investigate into the allegations which were made to him regarding the petitioner's conduct in selling cane to Bagha Sugar Factory in contravention of the order of the Cane Commissioner. The petitioner's version as to what happened on that date was the subject of a complaint which he lodged before the Sub-Divisional Officer of Bettiah on 26 January 1939.

(2.) The complaint was against six persons by name including one Mr. R.N. Lines, I.C.S., Cane Inspector of Bettiah Sub-Division. The other accused were persons connected with Harinagar Mills and a driver of one Bansi Lal Chaudhury. The allegations against them which were set out in the petition of complaint are to be found at pp. 13 and 14 of the paper-book. The substance of the allegations was that Mr. Lines on coming up to the house of the petitioner asked the complainant why he was supplying sugarcane to the Bagha Factory, upon which the complainant told him that after receiving a letter from the Cane Commissioner of Patna he had stopped supplying sugarcane to the Bagha Mills. Mr. Lines was not satisfied with the explanation, and upon this it was alleged that Mr. Lines in an angry mood said that the complainant was surely supplying sugarcane to the Bagha Factory and asked the complainant to sign a paper which was written in English. The complainant refusing to sign the paper, it was alleged that he was surrounded by all the accused and accused 1 to 6 in hot words began to threaten the complainant that in case he would refuse to sign the paper he would be arrested and sent to jail.

(3.) It was also alleged that accused 1 and 5, that is to say Bansi Lal Chaudhury and Mr. Lines, insulted the complainant with abusive language by addressing him as badmash and beiman. These allegations formed the subject of the complaint, the offence alleged was under Secs.500, 504 and 506, I.P.C. Upon receipt of this complaint the Magistrate, as he was required by law, examined the petitioner on oath and in his examination on oath the petitioner gave the version to the extent that it was within his own knowledge and experience. He says that on 23rd January at about 10-30 A.M. the accused persons came to him in two motor cars and stopped at his house; whereupon Mr. Lines questioned him regarding the supply of sugarcane. The complainant denied that he was supplying sugarcane since the receipt of contrary orders from the Cane Commissioner, but Mr. Lines persisted in saying that the complainant was surely supplying sugarcane to the Bagha factory.