- (1.) S. I, Jaferi J. This is an application for transfer moved on behalf of Budhya alias Budbi Ram and six others praying therein to transfer the entire case and all the proceedings connected with it including the bail n-alter to some dis trict other than Basti,
(2.) ON this transfer application, officer was directed by this Court to fix the aforesaid application alongwith the report of Sessions Judge on 31-8-1989 for orders. Later on an application was presented before me on behalf of applicants Budhiya and others on 27 9-1989 seeking this Court-to fix an early date for taking up the matter for hearing and disposal out of the exigencies that the Chief Judicial Magistrate allegedly had avowed in the Court that he would reject all the proceedings connected with the case as against the applicants and further that amongst the persons detained in Jail in the aforesaid case, there is a child aged about 13 years of age and in view of the facts aforesaid that the applicants are apprehensive of the justice being dispensed to them at Basti courts, they prayed for transfer of the aforesaid case to some other District and further for hearing of their applications for bail by this Court. The case was directed to be taken up today on 27-9-1989 for hearing and disposal. I have gone through the application, the affidavit and annexures there to A resume of the case bearing on the merits of the facts of this case which would be necessary for proper appraisal of the facts involved la me case is that initially a case at Crime No. 134 of 1989 under Sections 147, 148, 14. 307, 302 504 and 506,i. P. C. was registered at Police Station, Dudhara, District Basti at 3. 30 p. m. on 1-6-1989 as a sequel of a report lodged by Smt. Hayatunnissa against the applicants Budhiya alias Budhi Ram, Sukhram, Haji Anis, Abdullah Salah Uddin alias Jallauddin, Yur Mohammad and Raees, all residents of village Rudhauli, Police Station Dudhara District Bisti. Subsequently as is testified by the PAIRokar appearing on behalf of the applicants, a charge-sheet was submitted in the court of Chief Judl. Magistrate Basti on 16-8-1989 in the aforesaid Case Crime No. 134 of: 1989 against the applicants. It transpires from a perusal of the record that Chief Judl, Magistrate, Basti had embraced upon proceedings under Section 83, Cr. P. C. against the applicants on oiotioa by the Investigating Officer in order to secure surrender of the applicants. In passing, it may be mentioned that all the applicants excepting Sukhram had surrendered themselves in the court of Chief Judl. Magistrate, Allahabad on 14- 6-1989. So far as Sukhram is concerned, he was arrested by the Police at Basti. As of now, all the applicants are incarcerated in the district Jail at Basti. The Pairokar of the appli cants States that the case has not been committed to the Court of Sessions so far. The above case later on transferred to the Court 1st Judicial Magistrate, Basti where it is pending at present.
(3.) HOWEVER, without embarking into each and every details in the case, I deem it proper to jump to the events before the Sessions Judge. A application for bail was made before the Sessions Judge, Basti which is reportedly pending for consideration. Meanwhile, the learned D. G. C. (Crl.) preferred a revision before the Sessions Judge, Basti -s a result of the order passed by Addl. Munsif Magistrate, xiasti- rejecting the application for police custody, which is, as stated before this Court, is pending disposal before the Sessions Judge. From an over all survery and gleaning of the papers on record, what I gather is the fact that the case has got a chequered history. As has also been observed by the Sessions Judge, that one party or the other has got objection with the case being tried by one or the other Additional Sessions Judges posted at Basti and hence the learned Sessions Judge was constrained in his report addressed to the Registar of this Court, to write observing therein that it would be desirable if this Court may transfer the case or any district other than Basti in the circum stances enumerated above. It is really a shacking state of affairs and my cons cience is in consternation that both the parties did not fells satisfied with the Judges and Magistrates trying their case at Basti and on the other hand, they aspersed on them in some way or the other, I appreciate that there must be a justice oriented approach to a matter and it should assure fairness in the dispensation of justice To criticise a Judge merely that one particular Judge appears to be leaning in the favour of one party, is reprehensible. I am really pained to notice that in a holly contested case, parties are prone to resort to all types of asper sions CD the Judges and Magistrates-unmindful of its consequences visiting on the system. The parties must bear in mind that Judges are fire-tested, impervious to any influences and avarice.;