(1.) This is an application under S.407 of the Code of Criminal Procedure for transfer of two criminal cases C. C. 19/1983 and C. C. 4/1984, now before the Special Court (Mark list cases), to any other court of a Chief Judicial Magistrate or any Assistant Sessions Court. The application was opposed by the Director of Public Prosecution.
(2.) A copy of the application had been forwarded to the learned Magistrate for his remarks, which were furnished by communication dated 17-10-1984, and were made available for perusal by counsel for the petitioner as desired by him. The allegations levelled in the petition for transfer have been denied by the Special Court. Notwithstanding such denial, the Magistrate took care to point out that he would never stand against the desire of the petitioner.
(3.) The prayer of the petitioner for transfer has to be considered seriously and anxiously, having regard to the relevant considerations to be borne in mind when an application of the nature is filed before this Court.
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