TIRUCHENDUR BAR ASSOCIATION Vs. JANSI RANI

JUDGEMENT

(1.) Tiruchendur Bar Association represented by its Secretary, filed these two revision petitions under Sections 397 and 401 of the Code of Criminal Procedure aggrieved against the orders passed by the learned Additional District Judge-cum-Chief Judicial Magistrate, Tuticorin in Crl. M. P. No. 181/99 and Crl. M. P. 182/99 dated 23-2-99.

(2.) The case in brief for disposal of both the revisions is as follows :-

(3.) Learned counsel for the petitioner contended that the orders passed by the Courts below are not correct. Under Section 322, Cr. P. C. the learned Magistrate can submit a report if he has no jurisdiction to try the case. The reasoning given by the learned Magistrate is not a valid ground for transfer. The learned Magistrate is not personally interested in the subject-matter of the case and the petitioner never raised any question of bias. The ground that maintaining cordial relationship cannot be a ground for refusing to try the case. A Judicial Magistrate is bound to maintain the independence of judiciary at all cost rather than maintaining the cordial relationship with the parties. They cannot be given any special status because of their occupation. The ends of justice and fair play require that the impugned orders are to be set aside and the learned Judicial Magistrate, Tiruchendur is to be directed to Proceed with the complaint in accordance with law.