Sulochna Devi W/o Shri Matu Ram v. State of Rajasthan
1998-03-30
V.G.PALSHIKAR
body1998
DigiLaw.ai
JUDGMENT 1. -By this petition petitioners seek transfer of their case being Criminal case No. 125/96-Sate v. Chhagan Lal & Ors. pending in the Court of Civil Judge (Jr. Dn.) and Judicial Magistrate, Taranagar, District Churu to any other Court. The prayer is opposed in reply to the notice issued by this Court. 2. On consideration of the submissions made at the Bar I feel interest of justice require that the matter is tried outside Taranagar so as to allay the fear in the minds of the petitioners of being beaten up at the instance of the complainant. The possibility of such happening cannot be over ruled. At the same time the possibility of the complaint that they may he beaten up being false also cannot be ruled out. However following the maxim that justice not only should be done but must also appear to have been done, I feel it just and proper to transfer this case from Churu where no such apprehension can exist. 3. Hence the Criminal Case No. 125/96-State v. Chhagan Lal & Ors . pending in the Court of Judicial Magistrate, Taranagar, District Churu is hereby transferred to the appropriate Court of Judicial Magistrate, First Class to be assigned by the learned District Judge, Churu.Petition allowed. *******