JUDGMENT 1. - This is a second transfer petition filed by accused petitioner Jai Singh, who is being prosecuted under section 307 Indian Penal Code in criminal case number 2/1985, pending trial before the learned Addl. District and Sessions Judge, No.1, Alwar. 2. The first transfer application was rejected by learned Sessions Judge, as well as by this court as it was held that merely because, learned Advocate, refuses to appear in a particular court, the case cannot be transferred. 3. Mr. T.N. Bhargava, learned Advocate, used to appear in this case, gave an affidavit that the conduct of the Presiding Officer, Shri Ramchandra; is such that no self-respecting Advocate, can appear in his court. I would not like to pass any comment on this affidavit, on the ground of transfer application which has been rejected by Hon'ble Mr. Justice N.M. Kasliwal, on 25-8-86. 4. I would like only to add that filing of such affidavit making such sweeping allegation against the Presiding Officer, is a serious matter either way. It becomes much more serious when the Presiding Officer, in spite of directions of this court to send his comments he has chosen not to send any comment. 5. Since the comments have already been invited and not received, I think that no useful purpose would be served by admitting this case and keeping it pending as the trial of a sessions case would be held. 6. Consequently, I have heard Mr. Maloo, learned counsel for the petitioner and Mr. Purohit, learned Dy Govt. Advocate, and on their joint request I am proceeding to decide this transfer application finally. 7. Ground No. 5, of the transfer application reads as under: "That the case was fixed on 17-9-1986 awaiting order in the transfer application on that day, the petitioners were present in the Court, the learned Presiding Officer made un-warranted remarks and categorically stated "TUNE JO KARNA THA KAR LIYA AUR LAGAYO TRANSFER APPLICATION AUR USKA NATIJA BHUGAT LENA AB TUMAHARE AUR TUMAHARE VAKIL KO PATA CHALEGA". The learned Presiding Officer, is thus, prejudiced against the accused petitioners as well as their counsel and the petitioners have got no hope at all that they can even get justice in the Court of Shri Ram Chandra RHJS." Since no denial has been made by the Presiding Officer Shri Ramchandra, of this allegation, it will have to be assumed that the allegation is prima-facie correct because it is supported by an affidavit of Shri Jai Singh. 8. If a Presiding Officer, feels annoyed and enraged on account of transfer application having been moved against him and tells litigant that he will have to pay the price for it, as alleged in para number 5, of the application in the following words "USKA NATIJA BHUGAT LENA AB TUMAHARE AUR TUMAHARE VAKIL KO PATA CHALEGA". 9. Since above allegation has not been rebutted or contradicted by the Presiding Officer, even though the comments were called for the order dated 22-11-1987, it would be in the interest of justice to transfer this case to any other court. The learned District Judge. Alwar, is therefore, directed to try this case himself or transfer if to the court of learned Addl. Distt. Judge. No. 2, as per the administrative convenience. 10. I am not expressing any opinion on the allegation contained in para number 6 of the application because they are too vague and simply because some litigant enters into loose talks, the conduct of the Presiding Officer, cannot be condoned. The result is that the transfer application is accepted on the limited ground mentioned above.Application allowed. *******