RAJENDRANARAYAN Vs. BHAGABAN MAHAPATRA

JUDGEMENT

(1.) This is an application for transfer of a criminal case pending before the learned Subdivisional Magistrate of Kendrapara. The petitioner happens to be the proprietor of the Kanika estate. According to the prosecution case, the three accused persons are alleged to have stolen or misappropriated a large sum of money from the estate treasury. The accused No. 3 at first appeared in the role of the informant. Later on, after police investigation, he has been transposed to the category of an accused. The first two opposite parties are said to have been in the service of the petitioner as Potdars, and the opposite party No. 3 was employed under the petitioner as the officer in charge of the estate treasury. After police investigation charge sheet was submitted against these three persons. The case has not yet proceeded to trial. The application on behalf of the petitioner is that he is deeply interested in the result of this prosecution because it was at his instance that the information was lodged with the police for prosecution of the culprits, whoever they may have been. According to the investigation of the police the three accused persons are said to have been concerned in the alleged crime.

(2.) A number of allegations have been made against the Subdivisional Magistrate in whose file the case is at present pending. The learned Subdivisional Magistrate has submitted his explanation which would certainly make it out that he has no reasons to have any personal bias in the matter one way or the other. He has very naturally informed this Court that personally he has no objection to the case being transferred to any other competent Magistrate. I have heard counsel for the parties, including the Advocate-General for the Crown and Dewan Bahadur Lachmidhar Mahanty for the first two opposite parties. The third accused, though nerved with notice of this application for transfor, has not thought fit to appear in this Court.

(3.) In my opinion, considering all the aspects of the case, though there is no reason to think that the learned Magistrate will not impartially try the case, this is a case which should be transferred to another Magistrate, preferably at Cuttack, so that the trial may be had in a more placid atmosphere.