SHAFIQ-UD-DIN Vs. STATE,

JUDGEMENT

(1.) THIS is an application under Section 526, Criminal Procedure Code for the transfer of the case State, v. Shaifq -nd -din from the Court of Shri K.N. Joshi, Magistrate 1st Class, to some other Court of competent jurisdiction. Notice of this application was given on 9.2.1968 and it was directed that a copy of the application be also sent to the learned Magistrate for his comments. No comments have been forwarded by the learned Magistrate for reasons best known to him. The learned counsel for the State has, however, submitted that on similar grounds, an application for transfer of the case was made in the Court of the learned Sessions Judge and in that Court, the learned Magistrate had submitted his comments. Those very comments, submits Shri V. D. Misra, be considered to be the comments in regard to the application presented in this Court. I have, therefore, as agreed at the bar, proceeded to dispose of the application on the basis of the comments submitted by the learned Magistrate in the Court of the learned Sessions Judge. It is unnecessary to go into other allegations because on the allegations contained in paragraphs 3 and 4 of the affidavit filed by the petitioner, the case requires to be transferred.

(2.) FOR the reasons foregoing, I am constrained to allow this petition and direct that the case against the petitioner be transferred from the Court of Shri K.N. Joshi, Magistrate 1st Class, Delhi, to some other competent Magistrate. Parties are directed to appear before the learned District Magistrate on 11.3.1968 when they would be directed to appear before the transferee Court on a date to be fixed.

(3.) BEFORE closing I consider it proper to point out that the learned Magistrate would have reflected a more satisfactory judicial background and training if he had duly submitted his comment to this Court as required and his omission to do so is a matter which cannot be favoured and certainly not approved by this Court. Application allowed.