RAVI KUMAR Vs. H P S MAHAL SJMIC

JUDGEMENT

(1.) Complaint received on the administrative side was treated as transfer application under section 407 of the Criminal Procedure Code for the transfer of complaint case pending against the petitioner had nine others in the court of Shri H.P.S. Mahal, Special Judicial Magistrate Punjab at Patiala to another court of competent jurisdiction. The grounds alleged for seeking transfer are: -

(2.) In the comments forwarded by the learned Special Judicial Magistrate, Patiala, it has been asserted that there was no conference with C.B.I. and that on 16th December 1989 he had met Director General C.B.I. Mr. Mukerjee along with Shri R.D. Singla, Special Judge C.B.I. Cases for discussion of administrative difficulties being experienced by the newly created courts after obtaining necessary permission in this regard from the High Court of Punjab & Haryana at Chandigarh, that non-bailable warrants of arrest against the complainant were issued by the Jalandhar Court on 13th October, 1989 and not by him, that said order passed in Criminal Revision came to his knowledge only on 1st March, 1990 and that the petitioner was remanded to jail custody on 14th December, 1989 because notice of his bail application had been given to the C.B.I. counsel for next day viz. 15th December, 1989.

(3.) I have heard Shri S.P. Sehgal, Advocate for the petitioner, Shri G.S. Doad, Advocate, for the respondent and have carefully gone through the relevant material on record.