MADAN LAL KATYAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner who is an accused in a criminal case under Sections 323/506 of the Indian Penal Code has sought transfer of that case from the Court of Miss Vivek Bharti, Judicial Magistrate, Karnal to some competent Court at Chandigarh. It was mainly submitted that the petitioner is a Municipal Commissioner at Nilokheri and he contested the election of the Municipal Committee as a Congress (I) candidate. He is also President of the Congress (I) of the Legislative constituency of Nilokheri. It was also submitted that because of the opposite party was ruling Haryana, he was earlier involved in a false case under Sections 363/366 I.P.C. relating to FIR No. 463 dated 2nd August, 1986 registered at Police Station Karnal. It was next pleaded that ruling party got false F.I.R. registered in the present case against the petitioner from one Khushdial Sharma, a News Reporter and that no case against the petitioner has been made out from the FIR registered in the present case.

(2.) As far as the allegations of political rivalry are concerned, these are not sufficient to transfer the case against the petitioner, nor, can it be said that there is reasonable apprehension in the mind of the petitioner that he will not get fair and partial trial at Karnal.

(3.) The first allegation against the Presiding Officer is that on one of the hearings the Presiding Officer had specifically pointed out to the counsel for the petitioner and is stated to have remarked "Is he Madan Lal of Nilokheri". This allegation has been specifically denied by the Magistrate in her comments.