GIRISHNARAIN AWASTHY Vs. STATE

JUDGEMENT

(1.) These are two transfer applications by the same person, Girish Narain Avasthi, against whom two cases under Section 500, Penal Code, are pending in the Court of Shri R. P. Singh, Magistrate, 1st Class, Etawah. One complaint was brought by Shri V. N. Misra, Muncif of Etawah and criminal Miscellaneous case No. 480 of 1950 relates to that case. The other complaint was brought by Shri Kedar Nath Shukla, Secretary, District Board of Etawah and criminal Miscellaneous case No. 481 of 1950 relates to that case. The appellant, in support of his transfer applications, gave a long affidavit mentioning a large number of grounds which, according to him, gave him an apprehension that he would not get justice from the Magistrate before whom the cases are pending. During the course of arguments on these applications, the learned counsel for the applicant took me through the affidavit and, while doing so, mentioned that he would press only some of the grounds mentioned therein and would not press others. I, therefore, proceed to deal with only those which have been pressed by the learned counsel for the applicant.

(2.) The first ground mentioned was that since the two complainants were important officials of the district and the applicant was the Editor of an important local paper, member of the local District Board and the son of the local Member of the Legislative Assembly, the cases were much talked of and their trial in a calm atmosphere in the District of Etawah in these circumstances was not possible. So far as this ground is concerned, it was taken in exactly the same form in the previous transfer application which was moved by the applicant for the transfer of the ease brought by Shri V. N. Misra against him. That previous application for transfer was dismissed by this Court on 19th October 1949. The complaint was brought some time in the month of July 1919. It is obvious that if three months after the complaint was filed it was held that the transfer would not be justified on the ground that there was sensation in the district there can be still less justification for transferring the case on such a ground after the lapse of another 7 or 8 months. If there was a sensation, it must have been more acute soon after the filing of the complaint than it can possibly be at the present time when the case has been pending for such a long time.

(3.) The second ground urged by the learned counsel for the applicant is that the Magistrate wrongly refused to consolidate the two oases and hold only one trial of the applicant. Under the Code of Criminal Procedure, separate trials are held under the general rule and joint trials have only been permitted under certain circumstances. There is no mandatory provision of the law laying down that, where separate trials can be held under the general rule, the Court must hold a joint trial, if the case does fall within one of the provisions that permit the holding of a joint trial. The explanation of the Magistrate also shows that the request for a joint trial was made at a stage when the two cases were pending in two different Courts and it does not appear that any request was made before this trying Magistrate for a joint trial after both the cases had come on his file. In any case, the proceedings taken by the Magistrate, treating these two cases as separate cases, cannot be said to be against any provision of law.