DIXIT, J.

1. This is an application, under S. 526, Criminal P. C. for the transfer of an enquiry, which, it is said, is being made by Mr. Ghoshal as a special Magistrate, to any other Court of competent jurisdiction.

2. In his application the petitioner alleges that during the course of firing which took place near the Secretariate building, Lashkar, on the afternoon of 9-8-1950, amongst the students who were injured was a nephew of the petitioner and that he subsequently succumbed to the injuries; that on 13-8-1950 the Madhya Bharat Government by Notifn. No. 207 dated 13-8-1950. published in the Gazette of the same date appointed Mr. U. K. Ghoshal, I. C. S. as :

"Special Magistrate for a period of 15 days with powers of a Magistrate of the First Class and jurisdiction over the Municipal limits of the cities of Lashkar, Morar and Gwalior for the purpose of conducting an inquiry into the firing incident in the Moti Mahal area on 9-8-1950."

and that Mr. Ghoshal has been since then holding the enquiry sitting in one of the rooms of the building of this Court. The applicant further states that on 17-8-1950 he presented an application to Mr. Ghoshal expressing his desire to lead e