- (1.) THIS is an application under section 526 (1) (a) of the Code of Criminal Procedure filed on behalf of 22 persons who are accused of an offence under section 147/149 of the Penal Code in the court of Mr. Dwarka Das Bajaj, 1st class Magistrate at Hindaun, for the transfer of this case to some other Court on the ground that the District Magistrate and other senior revenue officers arc interested in the case.
(2.) IT is alleged that there was a riot on the 13th of April, 1949, at Mahavirji, a village in the sub-division of Hindaun, and the district authorities had to open fire injuring several persons, a few of whom are said to have succumbed to their wounds. The accused are said to have taken part in the riot. The district authorities, in order to justify their action of firing, are interested in the prosecution of this case. The applicants have made no allegations against the learned Magistrate in whose Court this case is proceeding at present, but they are afraid that since the district authorities are interested in this case, they may not get justice in that Court, which is directly subordinate to the district authorities. The counsel for the applicants has cited A, 1. R. 1927 Allahabad 708 : 24 Indian Cases 951 : A. I. R. 1942 Bombay 316. In A. I. R. 1927 All. 708 a case was transferred by the High Court on the ground that the District officials were concerned with the case. Similarly in A. I. R. 1942 Bom. 316 a case was transferred solely on the ground that the district officers to whom the Magistrate trying the case was subordinate were interested in the case. It may be observed that although it cannot be assumed that the Magistrate would allow his judgment in this case to be influenced by his superior revenue officers, yet it seems desirable in the interest of justice that the case be transferred to some other Court so that any such apprehension in the minds of the accused may be excluded. The fact that the district authorities are interested in this case cannot be ignored. The learned Government advocate also admits that there is force in the argument of the applicants. The request of the accused is, therefore, granted, and the case is transferred from the Court of the Magistrate at Hindaun to the Court of the City Magistrate at Jaipur. .;