RAMAKANT KESHEORAO HALDULKAR Vs. EMPEROR

JUDGEMENT

(1.) THIS is an application for transfer under Section 526, Criminal P.C. The accused in this case is being tried by Mr. Wahab, Special Magistrate, Chhindwara, and he wants this Court to transfer the case from the file of Wahab to that of some other Special Magistrate. He prayed in the petition that the case be transferred to some other district or to any civil Judge not subordinate to the District Magistrate but having criminal jurisdiction. While arguing the case before me, however, counsel for the applicant stated that he wants the case to be transferred from the Special Magistrate before whom it is pending to some other Special Magistrate in that district. The reason given for transfer is that the accused has reasonable apprehensions that he will not get a fair and impartial trial at the hands of the Magistrate before whom the case is pending.

(2.) ON behalf of the Crown a preliminary objection is raised that this Court has no jurisdiction to transfer the case as it is barred by Section 26, Special Criminal Courts Ordinance (2 of 1942, as amended by Ordinance 24 of 1942; 42 of 1942, Ordinance 61 of 1942 and Ordinance 10 of 1943). It is not disputed before me that the accused is being tried by Court, by a Special Magistrate duly constituted under the Ordinance. Section 26 of the Ordinance runs as under: Notwithstanding the provisions of the Code or of any other law for the time being in force, or of anything having the force of law by whatsoever authority made or done, there shall, save as provided in this Ordinance, be no appeal from any order or sentence of a Court constituted under this Ordinance and, save as aforesaid, no Court shall have authority to revise such order or sentence; or to transfer any case from any such Court, or to make any order under Section 491 of the Code....

(3.) BY Ordinance 10 of 1943 a third Sub-section has been added to this section, which is to the following effect: The Provincial Government, at any stage of the proceedings, may transfer a case from a Special Judge appointed for one area to a Special Judge appointed for a different area, or may transfer a case from a Special Magistrate whose Court is situated in one district to a Special Magistrate whose Court is situated in a different district.