JUDGMENT 1. - This is a petition under Section 482 Cr.RC. against the order of learned Magistrate who refused exemption to the petitioner on the ground that the petitioner was absenting and proceeding under Sections 82 and 83 Cr.RC. are pending against him. 2. I have heard the learned counsel for the petitioner as well as learned Public Prosecutor. 3. It is unfortunate that the case is pending for a very long time before the learned Judicial Magistrate, Desuri under section 4/9 of the Opium Act. It is alleged that the surety of the petitioner died in suspicious circumstances for which the petitioner is being chased by the relations of the surety. He belongs to Morwan village District Chittaurgarh and whenever he goes to Desuri to attend the peshi he is being threatened. He lodged a report to this effect at police station, Bhadsoda on 6.12.1997 that he was apprehending danger to his life may be protected. He had earlier moved a petitioner before this Court for transferring the case but did not submit the copy of the First Information Report which he lodged at Bhadsoda police station, therefore, this Court rejected the petitioner's application for transfer of the case and ordered that the petitioner may obtain exemption from the court concerned. When he applied for exemption the same was refused on the ground that he was absconding. 4. Magistrate can grant exemption to an accused initially under Section 205 Cr.RC. when hie does not appear initially. Then during the trial it is Section 317 for exemption was rejected on the ground that the accused was absconding and proceedings under Section 446 Cr.RC., were pending against him. I do not find any cogent reason to interfere in the order of learned Magistrate. 5. The only way out in this case is to transfer this case from Desuri to another court. I am conscious that earlier such an application was rejected but it is a fact that at that time the copy of the First Information Report dated 6.12.1997 was not submitted by the petitioner. It shows that the petitioner has apprehension to his life and, therefore, this case should be transferred Desuri to some other court. 6. The Cr. I am conscious that earlier such an application was rejected but it is a fact that at that time the copy of the First Information Report dated 6.12.1997 was not submitted by the petitioner. It shows that the petitioner has apprehension to his life and, therefore, this case should be transferred Desuri to some other court. 6. The Cr. Case No. 139/86, State v. Jairam , under Section 4/9 of the Opium Act pending in the court of Civil Judge (JD) and Judicial Magistrate, Desuri is hereby transferred from that Court to the Court to Chief Judicial Magistrate, Chittaurgarh where the file will be sent by learned Magistrate, Desuri immediately. Both the courts be informed. Both the parties are directed to appear before learned Chief Judicial Magistrate, Chittaurgarh on 20.6.2000. Since the petitioner is absconding, learned Chief Judicial Magistrate is directed to take/necessary steps to procure his attendance, in case the petitioner does not surrender on the appointed date. 7. The petitioner is hereby disposed of as indicated above. *******