MD YASIN Vs. STATE

JUDGEMENT

(1.) THIS is an application to quash certain proceedings pending against the petitioners, or, in the alternative to transfer the case from the file of the present Magistrate.

(2.) SO far as the matter of quashing is concerned, the learned counsel for the petitioners did not press that matter so earnestly as the question of transfer, because if he succeeded on the question of transfer he would place the submissions on behalf of the accused before the Court below in support of the contention that the accused should have been discharged, as there was no evidence upon which the charges could have been framed against them.

(3.) HAVING considered the matter from all its aspects, I am satisfied that to allow the present proceedings to continue before the present Magistrate would be altogether wrong. The case is almost concluding and it is unfortunate that an order of transfer has to be made at such a late stage, but having regard to the circumstances there is no other course open to this Court. Sir Sultan Ahmad has stated on behalf of his clients, the petitioners, that they will not claim a 'de novo' trial, and I understand that in fact almost all the prosecution witnesses have been examined and what is left is for the defence to cross-examine such witnesses as they may wish to recall for that purpose after the framing of the charges. Even if the case is transferred now, it cannot take any undue length of time before a new Magistrate. I would accordingly allow the application and send the case to the Sessions Judge of Patna, who will transfer it to a competent Magistrate at Patna for disposal according to law. Das, J.