EMPEROR Vs. ADAMBHAI ABDULLABHAI BUDHA

JUDGEMENT

(1.) THIS is an application for transfer, which raises a question of principle.

(2.) THE charge against the accused is of selling grass from Government land, and it is being tried before the Third Class Magistrate, Dohad. It appears that circumstances relating to the removal of the grass were enquired into by the Mamlatdar, who made a report, and on that report this case was instituted. THE learned District Magistrate notes the main ground on which transfer is claimed as being the allegation that the Magistrate, and Treasury Aval Karkun, that is the trial Magistrate, is subordinate to the Mamlatdar, Dohad, on whose report and enquiry this case was instituted, and is therefore liable to be influenced in his judgment, and he disposes of the allegation in these words: THE point is correct, but it would be unfair to the Magistrate to assume that he would allow his judgment in a criminal case to be influenced by his revenue superiors, without some definite evidence of bias.

(3.) IN my opinion, therefore, we ought to transfer this case to the First Class Resident Magistrate, Dohad, who is not subordinate to the Mamlatdar.