EMPEROR Vs. SORABJI RUSTOMJI IRANI

JUDGEMENT

(1.) THIS is a revision application asking for the transfer of an appeal pending before the City Magistrate, Sholapur, and it involves a question of principle. The applicant was convicted under Section 45 of the Bombay Abkari Act, 1878, by a Second Class Magistrate, his prosecution having been sanctioned by the District Magistrate. An appeal lies from the decision of a Second Class Magistrate to the District Magistrate, and the District Magistrate, realising no doubt that it would not be proper for him to hear an appeal in a case in which he had sanctioned the, prosecution, transferred the appeal' to the City Magistrate of Sholapur.

(2.) IT is contended by the applicant that we ought to transfer the appeal to the Sessions Judge of Sholapur on the ground that the City Magistrate is subordinate to the District Magistrate who sanctioned the prosecution. No doubt, the City Magistrate is subordinate technically to the District Magistrate, but in a city like Sholapur there is no reason for supposing that the City Magistrate would be in any way influenced in his decision of a particular case by the views of the District Magistrate. The City Magistrate is in an independent position, and no suggestion is made against his personal impartiality. We think, therefore, that it would not be right for us to transfer the case, as we are not prepared to accept the general principle that no Magistrate subordinate to the District Magistrate can deal with a case in which the District Magistrate has sanctioned prosecution. But at the same time, if there were at any time reasons for thinking that in fact a particular Magistrate was likely to be influenced by the opinion of the District Magistrate, we should not hesitate to transfer the case to the Sessions Court.