PRAHLAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS transfer application has been moved by accused, Prahlad, under Section 407 of the Code of Criminal Procedure, 1973, for the transfer of criminal case No. 252/1980 pending in the court of the Chief Judicial Magistrate, Tonk.

(2.) THE grounds on which the petitioner has sought the transfer of the case, may be summed up as under. (1) That, the petitioner is a dealer of Rajdoot Motor Cycle, and runs his business in the name and style of 'Arvind Motor Company' Tonk. Prior to the incident, which forms the subject -matter of the case against the petitioner the Chief Judicial Magistrate had come to the petitioners shop and asked him as to whether he would be able to supply him a motor -cycle, which he needed for the learned Sessions Judge, and that the petitioner agreed to supply the same at the cost price. The petitioner's case is further that the Sessions Judge as well as the Chief Judicial Magistrate, Vishambhar Dayal Gupta, came to his shop and offered Rs 2,000/ - as the first instalment and the rest of the amount on monthly instalments of Rs. 200/ -. But the petitioner showed his inability on the aforesaid terms, and thereupon, the Chief Judicial Magistrate became very angry with the petitioner. (2) That, even though, the police had filed a challan against the petitioner under Sections 147, 323 and 324 of the Indian Penal Code, the Chief Judicial Magistrate by his order dated June 3, 1980, took cognizance for an offence under Section 307 of the Indian Penal Code, against the petitioner. (3) That, on June 3, 1980, the Chief Judicial Magistrate passed an order for cancelling the bail of all the accused, and he also issued a warrant for the arrest of the petitioner on the ground that he was an absconder.

(3.) AS regards the order dated June 3, 1980 for the arrest of the petitioner, the Chief Judicial Magistrate has submitted that the petitioner was present in the Court, and as soon as order for taking cognizance under Section 307 of the Indian Penal Code, was passed he disappeared and therefore, the order for issue of warrant for the arrest, was passed.