R. Singh, J.@mdashThis is an application for the transfer of proceedings u/s 107 Cr.P.C., pending before the Sub-Divisional Magistrate, Biswan, district Sitapur against the applicant and others to some other Court.
2. It appears that there is a plot of land No. 463 in respect of which the two sons of the applicant claim to be in cultivatory possession. A report, it seems, was made by some persons belonging to village Manpur that the plot of land or some part of it was in their possession and that the applicant and his friends were trying to oust them from the possession of the plot. The police made enquires and submitted a report to the Sub-Divisional Magistrate recommending proceedings u/s 107 Cr.P.C., against the applicant and others. A report was also asked for from the police on the complaint u/s 107 Cr.P.C., made by Raj Bahadur Singh, son of the applicant. This report was, however, against the applicant''s son and the Magistrate acting on the police report dismissed the complaint made by Raj Bahadur Singh on the 22nd of July, 1953. In the case, which was pending u/s 107 Cr.P.C, against the applicant and others, there were some hearings till ultimately the case was taken up on the 10th of June, 1953, by the present Sub-Divisional Magistrate. It is alleged on behalf of the applicant that on the 10th of June, 1953, the learned Magistrate asked the applicant and others, who were being proceeded against u/s 107 Cr.P.C., that they may file personal bonds for a period of one year and they would be free otherwise they will undergo the harassment of trial. Then again on the 22nd of July, 1953, the learned Magistrate is said to have made a remark that he would not leave persons who were polished or spruce. These remarks made by the Magistrate and his conduct in asking the applicant and others to file bonds for one year raised an apprehension in the mind of the applicant he will not have a fair trial in the court of the present Sub-Divisional Magistrate.
3. A report was called for from the Magistrate and his report shows that he did ask the applicant and the other persons, who were being proceeded against u/s 107 Cr.P.C., to file bonds or else they will have to attend court till the disposal of the case. He also admits that the remarks attributed to him in paragraph 17 of the transfer application were also made by him, but according to him these remarks were made in connection with an application made for exempting the accused from personal attendance before him Presiding Officers of courts should be very discreet in making remarks and if any remarks are made which are likely to create an apprehension in the mind of the accused that they will not have a fair deal or trial in that court it will be a good case for transfer of the proceedings from that court.
4. In the present case it is admitted by the learned Magistrate that he did ask the applicant to file bonds for one year. The learned Magistrate may perhaps have been actuated by the best of motives to save the applicant from harassment,which he might have had to undergo if the case was tried to the finish, yet such a procedure adopted by a Magistrate is likely to create an apprehension in the mind of the accused that the learned Magistrate had made up his mind in the matter pending before him.
5. Another ground which has been pressed on behalf of the applicant is that the learned Sub-Divisional Magistrate has dismissed the cross-complaint made by Raj Bahadur Singh and in a matter u/s 107 Cr.P.C., no party who lays claim to the possession of property should be given the upper hand and in support of this contention some rulings have also been cited. It is unnecessary to discuss this matter as there is no application for revision against the order dismissing the complaint of Raj Bahadur Singh before me.
6. Taking into consideration all the circumstances of this case, it appears to me that it would be proper to transfer this case from the court of the Sub-Divisional Magistrate to any other court. Accordingly the application is allowed and the case u/s 107 Cr.P.C., against the applicant and others now pending in the court of the Sub-Divisional Magistrate shall be transferred from the court of the Sub-Divisional Magistrate to the court of the District Magistrate, Sitapur who may transfer the case to any other Magistrate competent to hear it.
Application allowed.
