The petitioner herein is the accused in C.C. No.2085/2014 of the Judicial First Class Magistrate Court-I, Chengannur. He seeks transfer of the case on the ground that the learned Magistrate, trying the case has some connection with the defacto complainant. This Court called for remarks of the learned Magistrate as regards the statement/allegations made in the application. The report submitted by the learned Magistrate on 23.9.2014 shows that the accused cannot have any sort of apprehension that he will not get justice from the court. It is reported that pending the proceedings the accused made an application for discharge under Section 239 of the Code of Criminal Procedure.
2. After hearing both sides, the learned Magistrate discharged the accused as regards the offence under Section 201 of the Indian Penal Code, but proceeded to frame charge under the other Sections 454, 461 and 381 of the Indian Penal Code. Just because the request for discharge was not allowed in toto, Tr.P(Crl) No.80 of 2014 2 the application brought by the accused cannot at all be entertained. I am well satisfied that the other allegation made by the accused that the learned Magistrate has some connection with the defacto complainant, is absolutely false. Simply on the ground that the learned Magistrate would take part in a community prayer where the defacto complainant would also participate as a devotee or otherwise, the case cannot be transferred. If such grounds are accepted, very many cases will have to be transferred by this Court. The learned Magistrate affirms that he has no such connection, and that the allegation made against him is false. The remarks submitted by the learned Magistrate is acceptable.
In the result, this petition for transfer is dismissed.
P.UBAID JUDGE ab