BHOLA NATH Vs. MRSVASHESHWAR NAUTH SINGH

JUDGEMENT

(1.) THIS is an application for transfer of a case from the Court of Mr. Gokaran Nath Ugra, a Magistrate at Moradabad. It is unnecessary to enter into details either of the allegations in the affidavit or of any other matters beyond this: that there can be no shadow of a doubt but that some of the district officials at Moradabad have been unavoidably or otherwise very closely connected with this case. The District Magistrate himself approves of the transfer of the case, while, at the same time he points out that his personal concern with it only originated in the fact that allegations were being made "of the possibility of murder and suicide." THIS order of transfer must not be taken as in any way a reflection upon anybody concerned with the case, whether official or non-official. 1 order it simply on the ground that where a number of officials in the district are personally concerned as in the circumstances of this case whether as witnesses or otherwise in the case, it is desirable that it should be tried elsewhere, and the District Magistrate himself says that he sees the propriety of this. The transfer is opposed by the complainant, and it is a matter of regret if the complainant is put to further expense by the transfer; but I have to weigh the several considerations in the case, and I have no hesitation in holding that the case should be transferred. On behalf of the applicant it is agreed that the case may be taken up by the new Magistrate from the stage at which it has at present arrived, and that such evidence as has already been taken need not be taken de novo.

(2.) I accordingly transfer the case from the Court of the Magistrate at Moradabad to the Court of the District Magistrate of Bareilly, who will proceed to try the case himself from the stage which it has reached, or direct such trial by such experienced Magistrate as he may deem fit.