PROMODE CHANDRA DE Vs. NIRMALENDU DEV NAGENDRA NATH DEV

JUDGEMENT

(1.) THIS is an application under Section 561 -A by one Promode Chandra De who was examined as a witness before the first class Magistrate Shri S.C. Roy at Kamalpur in C.R. case No. 29 of 1960 to expunge certain remarks and observations made by the Magistrate against the petitioner in the judgment in the case.

(2.) THE petitioner was the assistant Headmaster of the Kamalpur Higher Elementary School and was in charge as Headmaster on the date of occurrence namely, 13 -7 -60. As such acting Headmaster he had filed a petition under Section 107 Criminal Procedure Code for keeping the peace against 10 students in the school including Niramalendu Dev who was the accused in C.R. case No. 29 of 1960. That petition was transferred to this first class Magistrate Sri S.C. Roy for disposal and was pending before him. In the said petition, the 10 students had called for certain records to be produced from the School.

(3.) THERE was police enquiry commenced early the next morning on 14 -7 -60 and then it was detected that certain wire -netting in the roof had also been broken open in order to enter the office room after removing the asbestos sheet. The police charge -sheeted Nirmalendu Dev and the said case also came up before the same Magistrate for disposal. Another fact has to be mentioned here. It is that the petitioner filed an application before the A.S.D.M. for transfer of the security proceedings from the file of this Magistrate Sri S.C. Roy under Section 528 Criminal Procedure Code to the A.S.D.M. on the allegntion that Shri S.C. Roy was; residing in the house of one of the students against whom, the security proceedings were taken. The A.S.D.M. ordered on 28 -9 -60 that the case should be withdrawn from the file of Shri S.C. Roy. It was after this that the trial of C.R. case No. 29 of 1960 was conducted by the Magistrate Shri S.C. Roy on 38 -1 -1961.