LAL BAHADUR RAUT Vs. EMPEROR

JUDGEMENT

(1.) This is an application for transfer of a criminal case from the Court of the Sub- divisional Magistrate of Hajipur to a Magistrate at Muzaffarpur. The petitioners would have been well advised had they moved the District Magistrate in the first instance. But perhaps it was due to an accidental oversight that they have come straight to this Court. However, I do not wish to throw out the application on that ground alone, especially as there is no appearance on behalf of the Crown to oppose the application. I very much regret that on perusal of the proceedings of the learned Magistrate and the allegations made in the affidavit most of which have not been denied by him, I have no option left but to transfer the case from his Court.

(2.) The first and foremost ground for transfer is stated in para. 11 of the application which runs thus: That the learned S.D.O. fixed 11.30 a.m. to 5 p.m. and again from 5.30 till 9 or 10 p. m. for hearing of the case although the defence lawyers who are Mahomedans protested owing to Ramzan but the learned S.D.O. paid no heed to it.

(3.) I was reluctant to believe this allegation but I am sorry that it seems to be true though there is no such order in the order-sheet. An allegation to this effect was made in the petition for time filed by the accused before the learned Magistrate to enable them to move this Court for transfer of the case but he made no comment upon it. The allegation was again repeated in the application to this Court. The learned Magistrate in his explanation to the District Magistrate has not referred to it, and the petitioners are therefore entitled to proceed upon the footing that it is not ill-founded.