S R DARUWALA Vs. REX

JUDGEMENT

(1.) THIS is an accused's application for transfer of the case pending against them from Ajmer to Beawar. The application has been made mainly on the ground of convenience to the parties.

(2.) IT is an admitted fact that the applicants have not approached the District Magistrate in the matter first. When a remedy was open to the applicants in a lower Court there was no reason as to why they should have come up straightway before the higher Court, If there were any special reasons that prompted the applicants not to go to lower Court first, then they should have given those reasons. It has been held time after time by different High Courts that before an application is made to the High Court for transfer of a case the District Magistrate must be moved first. The High Court would not ordinarily entertain an application for transfer when the applicant could under the law have moved the District Court for the same relief and has not done be. The High Court would interfere only in the last resort.

(3.) THE application for transfer of the case accordingly is dismissed.