JUDGMENT 1. This is a transfer petition under Section 407, Criminal Procedure Code The transfer of the Criminal Revision Petition Hari Kishan v. State pending in the Court of Special Judge, Essential Commodities Act, Jaipur presided by the Shri Rajendra Chachan has been sought. The transfer petition is based on the allegation that some civil matter had been decided by Shri Rajendra Chachan as Additional District Judge No 2, Jaipur City, Jaipur and against that decision an appeal had been preferred in which serious allegations were levelled against Shri Rajendra Chachan. Shri Rajendra Chachan had appeared before the High Court in the aforesaid appeal that S B. Civil Mrs. Appeal No. 315/90 and explained the allegation levelled against him. His explanation was accepted by the High Court and the appeal was dismissed. 2. In this transfer petition the only allegation which has been levelled against Shri Rajendra Chachan is that on account of the previous litigation as referred to he rein above, Shri Chachan became furious against the present petitioner. This allegation is absolutely vague and on such a bald statement the present transfer petition has been filed No transfer petition can be entertained on the basis of such vague and bald allegation. A very strong case of a real apprehension is necessary. The cases cannot be sought to be transferred on such unfounded apprehensions having no basis whatsoever or on the basis of misconceived rather ill conceived apprehensions. However, when the matter had come up before the Court on 14-8-92 comments of Shri Chachan were called for and Shri Chachan has sent his comments wherein, he has stated that he has no grudge against the applicant and he has,also stated therein that he has no objection if the criminal revision in question is transferred to any other Court. Mr. Choudhary submits that in view of this mention made by Shri Chachan criminal revision in question may be transferred to some other court even if this transfer petition is rejected. This submission is not acceptable and deserves to be out rightly rejected. which I hereby do. The doubts cannot be raised against the judicial officers for deciding a case one way or the other.
This submission is not acceptable and deserves to be out rightly rejected. which I hereby do. The doubts cannot be raised against the judicial officers for deciding a case one way or the other. The presiding officers of the courts decide the cases in normal course and on that account it cannot be said that in certain case if an order was passed against a party and such party while seeking a legal remedy of filing an appeal levelled certain allegations against the judicial officer, such officer will act with bias or ill will and would become furious against such party in future while hearing the matters on judicial side. In my opinion such practise of virtually brow beating the judicial officers must be discouraged and on such grounds the transfer petitions should not be entertained. Let not a little finger be allowed to be raised against the presiding officer during pendency of judicial matters on such flimsy and jejune grounds of else the judicial officers will not be able to discharge their judicial functions and duties independently and without fear. Unless, there are specific allegations of very serious nature raising strong and real apprehension no ground can be said to have been made out for the transfer of a case. In order to maintain the mounting faith of the people in the judicial it must be made known to all and sundry that transfer of the cases cannot be sought in such a causal manner by levelling wild and baseless allegations because of some ones notions and illusions. I do not find any grounds whatsoever for transferring the case Criminal Revision in question from the court of Special Judge presided over by Shri Rajendra Chachan there is no merit whatsoever in this transfer petition and the same is hereby dismissed.Revision dismissed. *******