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1924 Supreme(All) 474

SULAIMAN
Babu Sartaj Singh – Appellant
Versus
Emperor through Raja Sarda Mahesh Prasad Singh – Respondent


JUDGMENT

Sulaiman, J. - This is an application for transfer of a criminal case.

2. A report was made by one Gopal Sonar against Shah Muhammad tinder Section 452 of the Indian Penal Code. The Sub-Inspector Sartaj Singh challaned this case and sent it to the Court of the Tahsildar of Dudhi who is a Second Class Magistrate. On an application for transfer made to the District Magistrate the latter transferred that case to his own file. After having tried the case he discharged the accused Shah Muhammad under an order dated the 12th of January 1924. A perusal of that judgment will show at once that the learned District Magistrate formed a very adverse opinion of the conduct of Sartaj Singh He even was inclined to accept the view that the proceedings were a deliberate act of revenge engineered by Sartaj Singh with the connivance of Gopal Sonar and a. certain Janardan Singh constable. He suspected that the whole case had been deliberately intended to involve the accused in a complete ruin. He also commented on the general conduct of the Sub-Inspector and remarked that it disclosed a marked tendency towards crookedness in that Investigating Officer. On the day of discharge the learned Distri

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