Shafaqat Ullah vs Wali Ahmad Khan

George Knox, J.—This is an application u/s 437 of the Code of Criminal Procedure asking this Court to set aside an order passed by the District Magistrate of Bijnor u/s 203 of the Code and to pass an order for further inquiry. A preliminary objection has been taken to the hearing of this application on the ground that the applicant could have applied to the Sessions Judge and has not done so. In support of the objection my attention has been called to the cases Emperor v. Kali Charan Weekly Notes 1904, p. 238 and Gullay v. Bakar Husain ILR (1905) All. 268. I agree with what my learned brother has said in Emperor v. Kali Charan. The only circumstance in this case which might remove it from the category of ordinary circumstances is that an application has been deliberately made to this Court and it would save unnecessary distress to the applicant to hear him now rather than to send him to get the relief he seeks from the Sessions Judge. I do not think that this is sufficient. I can well conceive circumstances which might require that this Court should depart from its ordinary rule, and this is what is said in Emperor v. Kali Charan. I find no such circumstance in this case and therefore decline to exercise the power conferred by Section 437 and reject the application. The applicant is of course at full liberty to apply to the Sessions Judge if he is so advised.