JUDGMENT

Ghulam Hasan, J - These three connected criminal miscellaneous applications for transfer arise under the following circumstances: It appears from the facts given in these applications as well as from certain proceedings in the record that there was some dispute over a plot of land between one Ibtihaj-ud-din, a tenant of Chaudhri Sarfaraz Ahmad, taluqdar of Budauli, in the district of Bara Banki, and Saiyid Mohammad Hasnain, a retired Sub-Inspector of Police, who is a resident of qasba Kudauli and owns a house there. Ibtihaj-ud-din, according to the allegations in these applications, wanted to raise certain constructions in front of his house. He applied to the Notified Area Committee of Budauli for permission to make these constructions. Saiyid Mohammad Hasnain, the opposite party, claimed the land as his and objected to the permission being granted. He was, however, unsuccessful and Ibtihaj-ud-din was granted permission by the Notified Area Committee to raise the constructions. It appears that when Ibtihaj-ud-din was making these constructions on 13th July 1941, Saiyid Mohammad Hasnain came along with Thakur Hari Shankar Singh, Tahsildar and his adherents and tried to stop the constructions. Ibtihaj-ud-din did not agree and was assaulted with lathis along with members of his party by the Tahsildar and the party of Saiyid Mohammad Hasnain, when the party of Ibtihaj-ud-din wielded lathis in self-defence. The Tahsildar, thereupon, ordered firing as a result of which a member of the party of Ibtihaj-ud-din died of gunshot wounds, three other persons received gunshot injuries and two received lathi injuries. An enquiry into the firing incident was made subsequently by the learned District Magistrate of Bara Banki, who recorded his findings and submitted the same to the Local Government. As a result of the riot a case under Sections 148 and 332,Penal Code, was instituted against Ibtihaj-nd-din and 32 members of his party. This case is pending in the Court of Mr. Hardie, Sub-Divisional Magistrate, Nawabganj, District Bara Banki, and Criminal Misc. Application No. 142 of 1941 is filed by 33 applicants for transfer of that case.

2. It also appears that Ibtihaj-ud-din filed a criminal complaint on 24th September 1941, against Saiyid Mohammad Hasnain, Thakur Hari Shankar Singh, Tahsildar, and 13 other persons charging them with various offences under Sections 147, 302/149, and 307/149, Penal Code. This complaint was, however, dismissed by an order of the learned District Magistrate on 15th October 1941, -In addition to these two cases, the police had also reported for action against both the parties under Sections 107 and 145, Criminal P.C., as there was an apprehension of a breach of the peace. These two cases were instituted in the Court of Mr. Saiyid Nazir Hason, Sub-Divisional Magistrate, Bamsanehighat, in the District of Bara Banki, As regards the proceedings under Section 145, Criminal P.C., it may be stated at once that the learned Magistrate by an order dated 19th August 1941, dropped the proceedings as the parties agreed before him not to interfere with the property in dispute which had been attached and to get the dispute decided by a competent Court. The property in question was allowed to remain attached. It may be mentioned that Chaudhri Sarfarz Ahmad Taluqdar of Kudauli, who is the applicant for transfer in a case pending against him under Section 107, Criminal P.C., was not included among the persons against whom the police reported for action under Section 107, Criminal P.C. There was however an application made against him on 24th July 1941 by his opponent, Saiyid Mohammad Hasnain, to the Superintendent of Police, Bara Banki. The Superintendent of Police forwarded the complaint to the Sub-Divisional Magistrate for necessary action and upon this complaint proceedings were instituted against Chaudhri Sarfaraz Ahmad as well.

3. Chaudhri Sarfaraz Ahmad, who is applicant in Criminal Miscellaneous Application, No. 14