This rule must be made absolute. Although the law does not expressly provide for a case such as the present, which is under sec. 110, Ch. VIII, C. Cr. P., in the same manner as sec. 191 declares the course to be taken which a Magistrate has taken cognizance of an offence upon his own knowledge or suspicion, still the principle holds good that no man ought to be a Judge in his own cause. In the proceeding on which action was taken under sec. 110, the Magistrate records:—“Whereas it appears from the report of Babu Kula Chandra Chandra, Subordinate Judge, Bhandarda, also from my knowledge of previous cases that the above-mentioned persons have been habitually committing offences involving a breach of the peace, etc., and they are so desperate and dangerous as to render their being at large without security hazardous to the community, they are called upon to show cause why they should not be bound over for their good behaviour.” The Magistrate, therefore, has proceeded in some measure, if not mainly, on his own knowledge of the character of the Petitioners and he was, in our opinion, therefore not a proper person to proceed with this trial by, to use the words of sec. 117, inquiring “into the truth of the information upon which action has been taken.” The case, therefore, must be transferred to some other Magistrate. We accordingly direct that the proceedings be transferred to the District Magistrate to be dealt with by himself or to be transferred to some other competent Magistrate in the district.
S.C.S
Rule made absolute.
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