Gopinath Patnaik vs Narain Das Banerjee

Harington and Brett, JJ.—In this case a Rule was granted calling upon the District Magistrate to show cause why the order transferring the case to his file should not be set aside or such other order made as to this Court might seem fit on the ground that at that stage of the proceedings there was no sufficient reason for taking the case away from the Deputy Magistrate who was engaged in trying it and on the ground that the law does not warrant, the transfer of a case except for the purpose of inquiry or trial and that that inquiry has not been held by the District Magistrate.

No cause has been shown against this Rule and we have perused the explanation that has been submitted by the District Magistrate ; but in our opinion the statements therein contained do not furnish any explanation which would justify the discharging of this Rule.

It appears that the case in question, which was a case against some policemen for entering the house of a Raja, was being tried before a Deputy Magistrate and that when the Deputy Magistrate was about to frame charges against the accused persons, the District Magistrate withdrew the case to his file and dismissed it, because he thought the police were protected by their warrants.

In our opinion the case ought to have been left with the Deputy Magistrate to be disposed of and it would have been for the Deputy Magistrate, who was trying the case, to determine whether the offence charged was made out, or whether, assuming the facts to be proved, the police were or were not protected by the warrants under which they purported to act. No grounds existed that we can see for taking the case away from the Deputy Magistrate.

The Rule is accordingly made absolute and the order of the District Magistrate is set aside and we direct that the case be restored to the file of the Deputy Magistrate to be disposed of according to law.

Let the record be returned to the Lower Court with as much despatch as possible.