- (1.)SHRI Z.M. Shah, counsel for the applicants. He is heard on admission as also on LA. No. 438/95 for stay of the operation of the impugned order passed by the Sessions Judge in M. Cr. C. No. 206/94 whereby he passed an order for transfer of Criminal Case Nos. 695/94 and 780/94 pending in the Court of Shri S.K. Choubey, Judicial Magistrate First Class, Khurai to the Court of Chief Judicial Magistrate, Sagar.
(2.)NON -applicant No.2 Udai Chand, who is married in the village of the Chief Minister, at Raghogarh, moved an application, before the Sessions Judge, Sagar for transfer of the aforesaid two criminal cases, on the mis -apprehension that the cognizance was taken against him by the Judicial Magistrate on being influenced by the family members of the Chief Minister, who were persuaded by the applicants and their co -villagers. Non -applicant No.2 Udai Chand, however, failed to cite any instance for his mis -apprehension. It is well settled that suspicion, however, grave cannot take the form of proof.
The learned Sessions Judge committed a grave error in passing the impugned order, on the basis of mere apprehension. The impugned order, is, therefore, set aside and in the result the revision is allowed.