V.S. Kokje, J. - (1.) The petition is directed against an order transferring the case from A.C.J.M. Neemkathana to A.C.J.M. Sri Madhopur.
(2.) Learned counsel for the accused petitioners submits that without providing an opportunity to the accused persons, learned Magistrate transferred the case on the ground of convenience, from Neemkathana to Sri Madhopur. According to the learned counsel, accused persons reside at Khandela which is nearer to Neemkathana and not nearer to Sri Madhopur. According to him, the complainant, who is a lawyer from Sri Madhopur, has got this case transferred on misrepresentation that it would be convenient for the accused persons also.
(3.) Having heard learned counsel, I am of the opinion that the learned Magistrate in the peculiar facts of this case, that the transfer was being ordered on the ground of convenience of parties, should have heard the accused persons also. Since the accused persons are now disputing that it is convenient form them to defend the case at Sri Madhopur, specially when the complainant is a lawyer practising at Srimadhopur, I set-aside the order dated 5.5.99 passed by the learned Sessions Judge transferring the case from Neemkathana to Sri Madhopur and direct him to hear the arguments of both the parties on the application of transfer after supplying a copy of the application to the accused persons and then decide the matter afresh.;