PT. BAL MUKAND Vs. PT. HAR DEV SHARMA
HIGH COURT OF HIMACHAL PRADESH
Pt. Bal Mukand
Pt. Har Dev Sharma
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(1.) THIS is a petition under Section 526, Cr. P. C., by one Pt. Balmukand, for transfer of the case under Section 501, I.P.C.,' pending against him and his brother Sada Nand on the complaint of one Pt. Har Dev Sharma in the Court of the Magistrate first class Solan. With this petition his aforesaid brother and co accused has to day associated himself.
(2.) THE petition is on the ground that a fair and impartial trial cannot be had in the said Court. The allegations, to be mentioned presently, contained in the application for transfer are supported by the petitioner's affidavit.
The petition has been opposed by the Government Advocate & also by the complainant, but no counter affidavit has been filed. The Magistrate concerned has submitted his explanation with regard to the allegations made by the petitioner against him. I have heard learned counsel, and am of the opinion that this is a fit case for being transferred.
(3.) 7 6 1952 was the first date on which the present petitioner presented himself as an accused in the case before the learned Magistrate. The allegation of the petitioner is that on that date the Magistrate asked him to come to a compromise with the complainant otherwise he would suffer. The learned Magistrate in his explanation admits that he did suggest that the parties should come to a compromise, and that for that purpose the case was adjourned to a date four days off. But the Magistrate denies the allegation that he intimidated or threatened the petitioner. I see no reason not to accept this denial of the learned Magistrate. At the same time, the fact remains that the learned Magistrate did suggest a compromise to the parties.;
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