SYED JAFAR IMAM, J.L.KAPUR, VIVIAN BOSE
G. X. Francis – Appellant
Versus
Banka Bihari Singh – Respondent
Judgment
VIVIAN BOSE J. : This is an application under S. 527 of the Criminal Procedure Code for the transfer of a criminal case from Jashpurnagar in the State of Madhya Pradesh to some other State, preferably New Delhi or Orissa, and for a request that the case be tried by a "superior Court" such as a District Magistrate or a Sessions Judge.
2. The case is a prosecution for defamation under Ss. 501 and 502 of the Indian Penal Code read with S. 34.
3. The complainant is a member of the royal family of Jashpur. He resides at Jashpurnagar.
4. There are now seven accused, all of whom are Roman Catholics except one who is a Jacobite Christian. Originally, there were nine but one died and one other does not appear to have joined in the application, so that leaves seven who have.
5. The accused are scattered over India and reside at Nagpur (Bombay State), Patna (Bihar), Allahabad (Uttar Pradesh) and Raigarh (Madhya Pradesh). Two of them are priests and one a bishop. The rest are laymen.
6. The complainant alleges that the accused were concerned is one way and another with bringing out several publications that attacked the publication known as the Niyogi Report and sought to question the accur
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