ANAND RAJ Vs. STATE

JUDGEMENT

(1.) This reference comes on the report of the learned Additional Sessions Judge No. 2 Jodhpur, dated the 5th of December, 1961.

(2.) The facts giving rise to it are that accused Anand Raj presented a revision application in the court of the learned Sessions Judge, Jodhpur, against the order of the learned Additional District Magistrate, Jodhpur, dated the 28th of May, 1961, whereby he had ordered criminal original case No. 25 of 1961 (State Vs. Anand Raj) to be withdrawn from the court of Shri A. V. Ganesan, Assistant Collector and Magistrate (Under Training) Jodhpur and to be transferred to the court of Magistrate First Class No. 1, Jodhpur. The revision application was based on the ground that the order of the Additional District Magistrate, which was sought to be impugned, was improper and not in accordance with law, since he had given no reasons for transferring the case, as required by sec. 52 8(5), Criminal P.C. The learned Additional Sessions Judge has observed that the ground on which the revision application was founded was correct. He has recommended that the District Magistrate, Jodhpur, may be directed either to try the case himself or to send it on to the file of Shri A.V. Ganesan, who was trying the case at the time of its transfer by the Additional District Magistrate.

(3.) The learned Additional Sessions Judge has also forwarded to this Court an explanation given by the learned Additional District Magistrate, Jodhpur, for transferring the case. It is clear from the perusal of the said explanation that the Additional District Magistrate has simply stated that he had transferred the case on administrative grounds.