Modi, J.—This is a reference by the Sessions Judge, Ganganagar and arises under the following circumstances: —

2. The case of the petitioner Hariram is that on the 20th of July 1954 Shri B. P. Sood, who was Sub-Divisional Magistrate, Raisingh Nagar at the time, abused one Ajit Singh during court hours. Ajit Singh lodged a report against Shri Sood at police Station, Raisingh-Nagar and cited the petitioner as a witness Shri Sood was annoyed at this and it is said that consequently, he managed to have a proceeding under sec 107 of the Criminal Procedure Code instituted by the police in his court against the petitioner. Shri Sood issued a non-bailable warrant against the petitioner, as a result of which he was arrested and produced in his court on the 26th of July 1954. The petitioner applied for bail, but Shri Sood, without deciding the application for bail, transferred the case to the court of the Extra First Class Magistrate Raisingh-Nagar, who eventually released the petitioner on bail. The petitioners case further is that on the 1st of August 1954, the Commissioner Bikaner Division and the Collector Ganga-Nagar happened to visit Raisinghnagar and were staying at the Rest House. The

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