HAOBAM NONGYAI SINGH Vs. OINAM TOMBA SINGH AND ORS.

JUDGEMENT

(1.) IN this revision petition, the petitioner seeks to have the order of the Additional District Magistrate, Manipur, dated 3.1.1961, transferring the two criminal cases No. 54(7)/59 of B.P.S. and No. 6 of 1959, pending trial in the Court of S.D.M., Bishenpur to the Court of S.D.M. Mao, set aside.

(2.) BOTH the criminal cases arose out of the same allegations, namely, that the first respondent to whom the petitioner had entrusted 3 buffaloes had cheated, him by selling two of the buffaloes to the second respondent and the 3rd buffalo to the 3rd respondent. The Criminal Case No. 54(7)/59 was originally pending before the S.D.C., Bishenpur and Criminal Case No. 6 of 1959 was pending before the S.D.M., Bishenpur. The petitioner applied in October, 1959 to the Sessions Judge for the transfer of Criminal Case No. 54(7)/59 to a Court in Imphal and the first respondent also applied to the Sessions Judge for transfer of both the cases to any Magistrate in Imphal. The learned Sessions Judge by his order dated 29.7.1960, transferred Criminal Case No. 54(7)/59 to the Court of S.D.M., Bishenpur. It was more or less a consent order. In the meantime, the petitioner had filed a Civil Suit - Title Suit No. 157 of 1959 for a declaration of his ownership of the buffaloes and obtained an injunction for the custody of the buffaloes with him which the S.D.C., Bishenpur had directed to be given to respondent No. 2. Respondent No. 2 had obtained possession of two of the buffaloes and the matter had come up before me and I had set aside the order of the Magistrate and directed the Criminal Court to abide by the order of the Civil Court in that matter. Subsequently, it would appear that in February, 1960, the S.D.M., Bishenpur had directed respondent 2 to produce the buffaloes in Court for the trial of the Criminal case and he was resisting the production.

(3.) I have read the order of the A.D.M., and I am unable to see any ground mentioned in the said order which necessitated the transfer of the two cases. What the A.D.M. has stated is that the Magistrate has directed the production of the buffaloes in Court and that the Civil Court has passed order regarding the custody of the disputed buffaloes and it may not be necessary to seize the buffaloes by the Court as the production of the same is ensured in view of the order of the Civil Court, that he has perused the explanation of the Magistrate and that in the circumstances the transfer of the case to the S.D.M., Mao was ordered.