KAMLA PRASAD SINHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This is an application, under Sec. 526 of the Code of Criminal Procedure, for transfer of a criminal case by the petitioner from the Court of a Munsif Magistrate, Gumla, to any other court outside the Chotanagpur Division. The petitioner is the Secretary of the Sub -divisional Unit of the Non -Gazetted Employees' Federation at Gumla. On the 16th July, 1968, the Judicial Commissioner of Ranchi namely, Shree S.K. Sinha, lodged a complaint before the Police at Gumla against the petitioner on allegations that his orderly peon had been kidnapped and also slogans were shouted against him. The complaint is Annexure '2' to the application. The name of the peon was disclosed as Jyoti. A case was registered by Gumla Police on the above complaint under various Ss. of the Penal Code, namely, Ss. 341, 353, 365, 392, 500 and 511, Cognizance was taken against the petitioner and he was released on bail. The case was ultimately sent to Shree S.K. Sinha, Munsif Magistrate, First Class, Gumla, for disposal. On the 19th September, 1968, an application was made by the prosecution before the Magistrate to adjourn the case, as the State Government intended to file an application before the proper court for transfer of the criminal case from the file of the said Munsif Magistrate, namely, Shree S.K. Sinha, to any other court, on the ground that as the incident took place near his court, he might have some extra -judicial knowledge of it. The Munsif Magistrate, quite properly, adjourned the case and also wrote in the order -sheet that he had no extra -judicial knowledge of the case and if he had then he would have himself asked for the transfer of the case. However, the case was adjourned by him and an application was made before the Judicial Commissioner, who admitted the application, and it was ultimately disposed of by the Second Additional Judicial Commissioner, who dismissed the application for transfer. The case is now being tried by another Munsif Magistrate, namely, Shree Ramdas Roy, at Gumla.

(2.) The contention of Mr. Shyama Prasad Mukherjee is that the allegation is of the kidnapping of an orderly peon of the Judicial Commissioner, in which Shree S.K. Sinha (the then Judicial Commissioner, Ranchi) would be the principal witness for the prosecution; as such, the case ought to be tried outside the Chotanagpur Division. His further contention is that, in any case, it should not be tried in the District of Ranchi, in which the Judicial Commissioner happens to be the head of the judicial side, as the petitioner has reasonable apprehension that he might not get fair and impartial trial if his case is tried in the District of Ranchi.

(3.) Mr. Surendra Prasad Sinha, appearing on behalf of the State, states that the case is now before another Munsif Magistrate and the then Judicial Commissioner has probably been transferred from Ranchi, and, therefore, there ought not be any apprehension in the mind of the petitioner. Having heard learned counsel for the petitioner and learned counsel appearing on behalf of the State, I am satisfied that even if the case were to be tried at Gumla, the Munsif Magistrate will not be influenced by the fact that the Judicial Commissioner would be the principal witness in the case; nor would any extraneous consideration weigh in his coming to a decision in the case. I am, however, of opinion that it would be better, in the ends of justice, that there should be no apprehension in the mind of the petitioner that be would not get an impartial trial if the same is heard at Gumla or anywhere in the District of Ranchi. I, therefore, think that the case should be heard either at Hazaribagh or at Dhanbad. Mr. Mukherjee says that the petitioner has taken steps to have himself transferred to Dhanbad and for that reason it would be more convenient to him if the case is transferred to Dhanbad. The request does not appear to be unreasonable. Accordingly the rule is made absolute and the case is transferred to Dhanbad. It should be disposed of by a competent Magistrate as expeditiously as possible.