JUDGMENT

Dalal, J. - I have informed the learned Government Advocate that I am determined to enforce the mandatory provisions of a statute, and shall transfer the hearing of a case from any Magistrate who appears to disobey a statutory mandate. In the present case there was an application for transfer put in before the District Magistrate who dismissed it on 20th April 1928. On 23rd April the applicant applied to the Deputy Magistrate for postponement in order to move this Court for transfer. The Deputy Magistrate had the temerity to refuse this application. This flagrant disobedience of a statutory mandate is sufficient, in my opinion, to entitle the applicant to obtain a transfer of the case from this Magistrate. There can be no doubt whatsoever as to the interpretation of Clause (8), Section 526:

If, in the course of any inquiry or trial... the accused notifies to the Court before which the case... is pending his intention to make an application under this section in respect of such case... the Court shall adjourn the case... for such a period as will afford a reasonable time for the application to be made and an order to be obtained thereon.

2. I regret to notice that in the prese