JUDGMENT

Niamatullah, J. - These are two applications for transfer of two cases, one pending in the court of the joint Magistrate Bareilly, and the other in that of the City Magistrate of that District. The case pending in the former court is one u/s 60-A of the Excise Act against the applicant Bashir-ud-din, the other is one under Sections 352 and 352. Indian Penal Code, against both the applicants, Bashir-ud-din and Nizam-ud-din, who are brothers.

2. On the 12th July, 1931, the person of Bashir-ud-din was searched for cocaine by the Police about 10 p.m. at a public place. This is alleged to have led to a scuffs between the applicants on the one side and some Police Constables on the other. It is not necessary for the purposes of these applications to describe in detail the events which happened on that occasion, Subsequently Bashir-ud-din was sent up for trial for an offence under the Excise Act, before the Joint Magistrate and both the applicants were sent up to the court of the City Magistrate for an offence under Sections 332 and 225, Indian Penal Code, as already stated. Though the two offences are alleged to have been committed in almost the same transaction, the arrangement o