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1957 Supreme(MP) 228

VIVIAN BOSE, S.J.IMAM, J.L.KAPUR
G. X. FRANCIS – Appellant
Versus
BANKA BIHARI SINGH – Respondent


Advocates Appeared:
NAUNIT LAL, R.V.S.Mani

VIVIAN BOSE, J.

( 1 ) THIS is an application under S. 527 of the Criminal Procedure Code for the transfer of a criminal case from Jashpurnagar in the State of Madhya Pradesh to some other State, preferably New Delhi or Orissa, and for a request that the case be tried by a "superior Court" such as a District Magistrate or a Sessions Judge.

( 2 ) THE case is a prosecution for defamation under Ss. 501 and 502 of the Indian Penal Code read with S. 34.

( 3 ) THE complainant is a member of the royal family of Jashpur. He resides at Jashpurnagar.

( 4 ) THERE are now seven accused, all of whom are Roman Catholics except one who is a Jacobite Christian. Originally, there were nine but one died and one other does not appear to have joined in the application, so that leaves seven who have.

( 5 ) THE accused are scattered over India and reside at Nagpur (Bombay State), Patna (Bihar), Allahabad (Uttar Pradesh) and Raigarh (Madhya Pradesh ). Two of them are priests and one a bishop. The rest are laymen.

( 6 ) THE complainant alleges that the accused were concerned is one way and another with bringing out several publications that attacked the publication known as the Niyogi Report and sought to q















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