CHAMAN LAL Vs. STATE,

JUDGEMENT

(1.) THIS is an application by one Chaman Lal under Section 526, Criminal Procedure Code, for the transfer of the case from the Court of Shri A. Jindal, Magistrate 1st Class, Delhi, to some other Court of competent jurisdiction.

(2.) THE petitioner was apparently challaned by the traffic police under Sections 88/118 -A, Motor Vehicles Act, and was tried by the learned Magistrate mentioned above. After the examination of the petitioner under Section 342, Criminal Procedure Code, the learned Magistrate summoned a postman as a Court witness under Section 540 of the Code and thereafter, without further examining the accused -petitioner, the learned Magistrate pronounced orders convicting the petitioner and awarded to him the sentence of rigorous imprisonment for one month with a fine of Rs. 100/ -.

(3.) THE petitioner took the matter on appeal to the Court of the learned Sessions Judge who allowed the appeal and remanded the case back to the learned Magistrate directing the accused to appear in the trial Court on 8.12.1967. It seems that in the Court of the learned Sessions Judge, no prayer was made for sending the case back for further proceedings to some other Court, but when the accused appeared in the trial Court after remand he expressed his desire to move an application for the transfer of the case to the Court of some other competent Magistrate. The learned Sessions Judge declined to transfer the case and the petitioner has now approached this Court as observed earlier. Some allegations have been made about the Magistrate having used strong language towards the accused person, but I have not been able to persuade myself to attach much importance to those averments.