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1903 DIGILAW 210 (CAL)

Khetu Panday v. Mohim Nath Bishi

1903-07-07

body1903
JUDGMENT 1. After hearing the learned vakil for the Petitioner and taking into consideration the explanation submitted by the Magistrate of the District, we are of opinion that the rule should be discharged and the order for transfer made by the Magistrate should be upheld. We think it that this should be our order, because we are of opinion that such an order is expedient for the ends of justice, it being desirable in all such cases that the mind of the accused should be quieted in respect of any reasonable apprehension that he may entertain about his not having a fair trial. That does not imply that the trying Magistrate is really biased against the accused; but if circumstances have so transpired as to lead the accused to entertain a reasonable apprehension that he may not have a fair trial, it is expedient for the ends of justice that the case should be transferred from one Court to another. Of course the convenience of the other side demands consideration; and we may say that that will be here secured by an order, that the Crown should pay the expenses of the witnesses, an order which is not objected to by Mr. White who appears for the Crown. 2. We may add that our making this order must not be taken to imply any reflection on the fairness and impartiality of the Magistrate in whose Court the case is pending.