RAGHUBAR DAYAL, J.

( 1 ) THIS is an application by Lalta Prasad Saxena under Sections 526 and 561-A, Criminal P. C. , for either transferring a criminal case against him under Section 161, Penal Code, from the Court of Sri G. S. Miara, Magistrate 1st class, Uttar Pradesh to the Court of some other Magis-trate in the district of Farrakhabad or to direct Sri G. S. Misra to hold his Court in the district of farrukhabad.

( 2 ) THE affidavit accompanying the application shows that the applicant was employed as booking clerk in charge at Pakhna railway station in the district of Farrukhabad, that he was alleged to have committed an offence under Section 161, Penal Code on 6-7-1950, and that the police of the Special Police Establishment Branch, Lucknow, investigated the offence and submitted a charge-sheet against the applicant on 6-4-1951, in the Court of Sri G. S. Misra. It is alleged in the affidavit that the notification dated 21-1-1950, conferring powers on Sri G. S. Misra of a magistrate of the first class to try or commit cases, investigated by the Government of India, special Police Establishment throughout the United Provinces, was wholly illegal and did not confer any jurisdict

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