RAGHUVIR GODADBHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Considering the fact that the present applicant - party- in-person was earlier serving as Metropolitan Magistrate in Metropolitan Court, Ahmedabad and he is having reasonable apprehension that he may have some physical assault from some notorious person who are regularly occupying the said premises of applicant - Metropolitan Magistrate.

(2.) Considering the totality of facts and circumstances of the case as well as considering the peculiar circumstances of the present case and when the police has investigated the F.I.R. and has also filed charge-sheet, it is appropriate to transfer the proceedings of Criminal Case No.4006 of 2015 from Court No.5 Metropolitan Magistrate by exercising my powers under Sec. 407 of the Criminal Procedure Code, 1973.

(3.) Accordingly, it is directed that the proceedings of Criminal Case No.4006 of 2015 pending before the Court of Metropolitan Magistrate, Court No.5 to the Court of Chief Judicial Magistrate at Mirzapur, Ahmedabad (Rural). On transfer of such application, the Court concerned shall do needful to proceed with the matter by considering the fact that this case is of the year 2015.