JUDGMENT

1. We are of opinion that sufficient cause has been made out for a transfer of the criminal proceedings against the accused, the Petitioner before us, from the Court of the Sub-divisional Magistrate of Manickgunge to some competent Magistrate at the Sadder Station of Dacca. It appears that an application was made to the Sub-divisional Magistrate on the 24th July 1906 on behalf of the accused for time to enable him to move this Court for a transfer of the case. The affidavit on which we issued the rule states that, notwithstanding that the application was made, no order was passed at once but 13 witnesses were examined and, thereafter, an order was made allowing fourteen days' time. The Sub-divisional Magistrate does not contradict the statements in the affidavit on which we issued the rule and of which he was supplied with a copy. It also appears that, notwithstanding that the fact of a rule having been issued by this Court was communicated to him by a telegram by a vakil of this Court, he, instead of postponing the case at once, examined four witnesses and made an order afterwards for adjournment. These proceedings of the Magistrate are sufficient to show that he ought not