JUDGMENT : TUDBALL, J. This is an application for transfer of certain proceedings pending in the court of the District Magistrate of Fatehpur against the applicant, under section 107 of the Code of Criminal Procedure to some other competent court outside the Fatehpur district for trial. Certain facts have been alleged in the affidavit filed with the application. To that affidavit there is a reply by the District Magistrate himself. It is quite clear to me after reading this reply that the case is one which for the ends of justice should be transferred to some other court for disposal. The District Magistrate's letter shows that he has taken a keen personal interest in the matters which have led up to the present case, and that he has even taken part in the inquiry and has himself on his own information instituted the present proceedings and is more or less convinced of the applicant's guilt. This quite sufficient to arouse in the mind of the applicant a reasonable apprehension that he may not receive that impartial inquiry to which he is under the law entitled. There can be no doubt whatsoever that the District Magistrate is moved by the very best of intentions and desires to maintain the peace of his district and to see that wrongdoers are punished. The case has apparently aroused very great interest and commotion locally, and it is in my opinion expedient that it should be tried in an atmosphere which is free from all those local influences which must exist in Fatehpur itself. It has been urged that the case is one of such a nature that it cannot be transferred to any other court outside the district of Fatehpur. My attention has been called to the ruling In the, matter of the petition of Amar Singh, (1893) I.L.R., 16 All., 9. That was a case in which Mr. Justice BURKITT held that proceedings under section 110 of the Criminal Procedure Code cannot be transferred to any court outside the district within which such proceedings had been originally instituted. With due respect to the learned Judge who decided that case I find myself unable to accept the reasoning of his judgement.
That was a case in which Mr. Justice BURKITT held that proceedings under section 110 of the Criminal Procedure Code cannot be transferred to any court outside the district within which such proceedings had been originally instituted. With due respect to the learned Judge who decided that case I find myself unable to accept the reasoning of his judgement. I fail to see anything in section 117 or section 118 of the Code of Criminal Procedure which prevents a Magistrate to whose court proceedings have been transferred by an order passed under section 526 of the Code of Criminal Procedure, from coming to a decision as to whether or not the person in respect of whom the inquiry is made should execute a bond. No doubt, a Magistrate cannot take action under section 110 unless the person against whom the action is taken, is one within the local limits of his jurisdiction. But once action has been taken, the inquiry and the final order are made under the powers conferred by section 117 and section 118 of the Code. Section 526 of the Code clearly enables this Court to transfer a criminal case of this description, once it has been properly instituted, to any other Criminal Court of equal or superior jurisdiction (and which otherwise would have no jurisdiction), and the order of this Court will give jurisdiction to the court to which the case has been so transferred to make an inquiry under section 117 and to pass an order under section 118. I do not think that the powers of transfer given to this Court by section 526 are in any way limited by the terms of section 110 or section 107 of the Code. In my opinion the ends of justice demand that this case be transferred to another district. I therefore transfer it to the court of the District Magistrate of Allahabad with power to try the case himself or to transfer it to some other first class Magistrate of the Allahabad district who may be competent to try it. At the same time the applicant will execute a bond with sureties for the amount of Rs. 500 that he will, if bound over to keep the peace, pay the costs of the prosecution.