KRISHAN CHAND TIWARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition under Section 407 of the Code of Criminal Procedure, the petitioner has sought transfer of his case pending in the court of Chief Judicial Magistrate, Karnal to some other Court of competent jurisdiction at Faridabad on at Gurgaon, on the ground that no offence is made out against the petitioner in the First Information Report No.: 163 dated 25.3.1982, registered at Police Station City Karnal under Section 406, Indian Penal Code. It has been averred in the petition that the bail application of the petitioner was rejected by the Chief Judicial Magistrate on 22.5.1982 but ultimately he was granted bail by the Additional Sessions Judge, Karnal, on 24.5.1982; that on 1.12.1982 the petitioner was again arrested by the police whereupon his father submitted an application for bail and the same was rejected by the Chief Judicial Magistrate; that the father of the petitioner was also arrested and detained in police custody for 8 days on the protect that some recoveries were to be effected from him but nothing incriminating was recovered from him and that all these acts of highhandedness of the police were brought to the notice of the Chief Judicial Magistrate, Karnal, but no action was taken against them. It is contended that all these grounds gave rise to a reasonable and apprehension in the mind of the petitioner that he would not get fair justice from the Court of the Chief Judicial Magistrate Karnal comments of the trial Magistrate were called and he had denied all the allegations of the petitioner.

(2.) DURING the course of arguments, it has been pressed upon me that while denying the allegations of the petitioner, the Chief Judicial Magistrate has expressed his opinion against the petitioner and on this ground alone the case is liable to be transferred from this Court. I have devoted my most earnest and serious attention to the rival contentions of the parties and in my opinion the petitioner has no reasonable ground for approaching this Court for the transfer of this case because on the facts and circumstances disclosed, there can be no reasonable apprehension in the petitioner's mind that he will not get any fair and impartial trial from the Court of the Chief Judicial Magistrate, Karnal. In the result, the petition fails and is herein dismissed. Stay granted by this Court stands vacated. Petition dismissed.