Yusuf vs Bunilal Mandal

Das, J.—I think that it is expedient that there should he a transfer of this case. In making this order I caught to say that, in my opinion, the learned Sub-Divisional Officer was not really guilty of any bias towards the accused persons, but he was, undoubtedly, guilty of an act of indiscretion which may reasonably lead the accused persons, and in this case has led them, to believe that they would not get a fair trial at the hands of the learned Sub-Divisional Officer. I do not think he should have stopped the cross examination of the complainant who was certainly the most important witness on behalf of the prosecution. I have read the cross-examination of the complainant and I am unable to say that there was anything irrelevant in that cross-examination, or that it was a cross-examination of obstruction as the learned Sub-Divisional Officer says. It is very important for the Magistrates to remember that lawyers in charge of cases of accused persons have a large discretion in the way they should conduct the defence of accused persons. As I said in a case which I decided the other day, the position of accused persons is at all times one of grave anxiety and Courts trying these cases should be specially on their guard not to do anything which may have the effect of increasing their anxiety.

I, therefore, transfer this case to the learned District Magistrate of Purneah who, if he chooses, may try the case himself or make it over to some Deputy Magistrate competent to try the case. Whoever tries the case will give an opportunity to the accused persons to cross-examine the complainant and the case will proceed from that stage.