JUDGMENT Iqbal Ahmad, J. - This is an application for the transfer of a criminal case that is pending in the Court of Mr. Cracknell, City Magistrate of Agra. The case was started on a complaint filed by one Mrs. E. Blanchi Pickell against Brijendra Singh, the applicant before rhe. The complaint was filed on the 8th of July, 1935, and was with respect to an offence punishable unfler Section 500, I.P.C. The complaint was filed in the Court of Kunwar Masood Ali Khan, the Sub-Divisional Magistrate of Etmadpur. The learned Magistrate recorded evidence u/s 202, Code of Criminal Procedure, and issued summons to the applicant fixing the 12th of August, 1935, for the hearing of the case. The summons was however not served on the applicant, and therefore, the applicant did not appear in Court on that date. The complainant took her witnesses on the 12th of August to Court but as the case was adjourned her witnesses could not be examined. The next date fixed in the case was the 26th of August, 1935. A few days before the 26th of August the Magistrate informed the complainant's witnesses that they should not come to Court on the 26th of August. 2. On the 26th of August the complainant along with her Counsel went to Ferozabad where the Magistrate was to hold his Court, but as the learned Magistrate had gone to Agra to give evidence in some case the complainant returned with her Counsel to Agra. 3. On the very next date, viz., on the 27th of August, the complainant filed an application in the Court of the District Magistrate praying that the case be transferred from the file of Kunwar Masood Ali Khan to the file of the City Magistrate for trial. In the course of the application she made a grievance of the information given by Mr. Masood Ali Khan to the witnesses that they were not to attend the Court on the 26th of August. She also alleged that she being a diplomated mid-wife and sick nurse went to Ferozabad leaving her patient on the 26th of August and on reaching there found that the Magistrate was not there. She further alleged that she apprehended that she would not get a fair and impartial trial in the Court of Mr. Masood Ali Khan. She also alleged that she being a diplomated mid-wife and sick nurse went to Ferozabad leaving her patient on the 26th of August and on reaching there found that the Magistrate was not there. She further alleged that she apprehended that she would not get a fair and impartial trial in the Court of Mr. Masood Ali Khan. The learned Sub-Divisional Magistrate submitted an explanation to the District Magistrate with reference to the transfer application and, in the course of his explanation, he stated that, as it was not certain whether the accused would be served with the summons to attend the Court on 26th of August, he issued orders to the complainant's witnesses not to attend the Court on the 26th of August so that the complainant may not be put to unnecessary expense. The learned Magistrate added that he "did all this in the interest of the complainant herself." 4. The learned District Magistrate without issuing notice of the application for transfer to the applicant, who was the accused in the case, transferred the case from the file of Mr. Masood Ali Khan to the file of the very Magistrate, viz., the City Magistrate, to whose file the complainant prayed that the case should be transferred. In the course of his order the learned District Magistrate made the following observations: I do not think the apprehensions of the applicant have any basis whatever, and I am absolutely confident that this Court would have tried the case as fairly and impartially as any Court could do. Since, however, the complainant has such apprehensions and because I think that it would be more convenient for all concerned to have the case tried in Agra and for general administrative reasons I transfer this case to the City Magistrate for disposal, as desired by the present Court itself. Show both Courts concerned. 5. it would appear from this quotation that one of the reasons assigned by the learned District Magistrate for transferring the case to the file of the City Magistrate was that the complainant had an apprehension that the case will not fairly be tried by Mr. Masood Ali Khan. The learned District Magistrate however had in the course of his order observed that the apprehensions of the applicant were unfounded. This reason, therefore, was not a good reason for transferring the case. 6. Masood Ali Khan. The learned District Magistrate however had in the course of his order observed that the apprehensions of the applicant were unfounded. This reason, therefore, was not a good reason for transferring the case. 6. Further without giving notice to the accused in the case and hearing what he had to say it was not possible for the District Magistrate to decide whether it would or would not suit the convenience of the accused to have the case tried in the Court of the City Magistrate. So far as "general administrative reasons" are concerned, I can take no note of them in decidtng the present application. It may be that it was not convenient to the complainant to take her witnesses to the Court of Mr. Masood Ali Khan, who, I am told, was at the time on tour, but this fact by itself afforded no justification for the transfer of the case, at any rate without notice to the accused. 7. Under ail the circumstances I consider it just that the case should be re-transferred from the file of City Magistrate to the file of Mr. Masood Ah Khan and I order accordingly.