JUDGMENT

Mukerji, J. - The facts necessary to be stated for the purpose of this rule are these: One Naimuddin was the complainant in a case u/s 426, I.P.C., against one Hanif and others, which was tried by Maulvi Mir Hossain, a Magistrate of the Third Class. The accused persons pleaded that the land concerned had been purchased by them and that the complainant Naimuddin was himself an attesting witness to the deed of purchase. The petitioner Mohim Chandra Nath Bhowmik gave evidence in support of the defence proving the execution of the deed and the signature of Naimuddin therein. Naimuddin, while the trial was pending, denied his signature in the deed and applied to the trying Magistrate for the prosecution of all concerned in the forgery. The accused persons were acquitted, the trying Magistrate being doubtful as to the forgery. After the case was over Naimuddin pressed his aforesaid application. The trying Magistrate instead of dealing with the matter himself, as he should have done, forwarded the papers to the Sadar Sub-Divisional Officer for necessary action. The Sadar Sub-Divisional Officer returned the pipers to the trial Magistrate with the following remarks:

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