LOLIT MOHAN MOITRA Vs. SURJA KANTA ACHARJEE
LOLIT MOHAN MOITRA
SURJA KANTA ACHARJEE
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Ghose, J -
(1.) This is a Rule calling upon the District Magistrate of Maldah to show cause why, having regard to the statements made in paragraphs 3 and 4 of the affidavit of one Baman Chandra Chowdhry, affirmed on the 23 May 1901, and those contained in para. 12 of the verified petition presented to this Court, as also the statements made by the petitioner to the Magistrate himself in a petition, dated the 10 May, the case under Section 145 of the Criminal P. C. mentioned in the said petition to this Court and now pending in the file of the said District Magistrate, should not be transferred to Rajshahye or some other district.
(2.) The District Magistrate has, through a Deputy Magistrate, submitted an explanation, in which, among other matters, he raises the question whether this Court has power under Section 526 of the Criminal P. C. to transfer a case under Section 145 of the Criminal P. C. to some other Magistrate. And he has relied upon the case of Pandurang Govind Pujari . decided by the Bombay High Court.
(3.) The learned Advocate-General on behalf of the opposite party has also raised before us the sa(1900) I.L.R. 25 Bom. 179me question, and he has contended that in the circumstances of the case it is not expedient to transfer the proceedings from Maldah to some other Magistracy.;
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