ORDER :- The opposite party, Raghubir Sahai Kaithwal, is an M. L. A. from Fatehpur. The admitted facts are that a case under section 323, I. P. C. was instituted against Ram Saran alias Lallan at the instance of the opposite parties State v. Ram Saran and was pending in the court of Shri Dinesh Mohan Arya, Judicial Magistrate, Bindki at Fatehpur. The opposite party was the main prosecution witness in the case; but he was disbelieved with the result, that the Magistrate acquitted the accused. In his judgment, the Magistrate passed scathing remarks against the opposite party and awarded a compensation of Rs. 500 to be paid to Lallan accused. Against the said order the opposite party filed an appeal before the Sessions Judge which is still pending. He also came to this Court for expunction of adverse remarks against him. By its order dated 14-4-1966 this Court expunged only one word from the remarks of the Magistrate but maintained the rest.

2. Soon after the Magistrate had awarded compensation to Lallan aforesaid, the opposite party distributed a printed pamphlet on 28-11-1965 in which, inter alia, he alleged that the Magistrate, Shri Dinesh Mohan Arya, depends upon the mercy of the D

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