Suraj Narayan Choudhury vs Emperor

Adami, J.—A complaint was made against the petitioner to the effect that he had come with a mob of men to the house where the complainant held the village school, had entered the house, beaten the complainant with the help of those who were with him and turned him out of the house. There is also an allegation that the petitioner and his companions had taken away certain properties of the complainant. Process was issued against the petitioner under Sections 448 and 323 and the case was transferred for trial before Mr. A. Ahmad, a Magistrate of the Third Class. After examining a certain number of witnesses, charges were drawn up under Sections 448 and 323 against the petitioner. He then applied for a transfer of the case from the Third Class Magistrate to some Magistrate with higher powers. He made allegations that the Magistrate had shown bias and also asserted that as the case was one which probably would give rise to a charge u/s 452, the Magistrate with third class powers was incompetent to try it.

The learned District Magistrate refused the application for transfer on the ground that in his opinion it was only made for the purpose of prolonging the trial. Before me the only point taken by Mr. Varma is that the case made out by the prosecution is in fact a case which would justify a charge u/s 452 which a Magistrate of the Third Class has no power to try. I order a transfer of the case to a Magistrate with higher powers, not on the ground given by Mr. Tarma but on the ground that if the allegations of the complainant are found to be true, a much more serious offence has been committed than can be properly punished by a Magistrate of the Third Class.

Let the case be transferred and let the District Magistrate or Sub-Divisional Magistrate make it over to a Magistrate with First Class powers.