RAGHUBAR DAYAL, J.

( 1 ) THIS is an application in revision against the order of the Sessions Judge of Mirzapur confirming the order of the District Magistrate, Mirzapur, transferring the case against Lalta prasad and Banarsi Das from the Court of the City Magistrate to the Court of Shri S. L. Nigam, judicial Magistrate, and transferring the case against Brahmdutt, applicant, to that Court in the following circumstances.

( 2 ) A case Under Section 409, Penal Code, was proceeding against Lalta Prasad and Banarsi Das in the Court of the City Magistrate. The applicant Brahmdutt was a witness in that case. After he had been examined, the Prosecuting Inspector moved the Court to proceed against Brabmdutt also in that case. This prayer was rejected.

( 3 ) SUBSEQUENTLY on the application of Lalta Prasad and Banarsi Das that case was transferred by the District Magistrate on 1st August 1949 to the Court of Shri S. L. Nigam. The reasons, which influenced the District Magistrate to transfer the case, were that the police was going to submit a charge sheet against Brahmdutt as well, and that if the case be transferred to another Court that court would proceed de novo against all the accused,

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