Kalimullah Khan, J.— 1. Heard learned counsel for the applicant and learned A.G.A. who has accepted notice and appeared for State of U.P. O.P. No.1. Perused the record. 2. This is a transfer application made under section 407 Cr.P.C. by Smt. Gautam Devi to transfer proceeding of Case No. 11/2011 State Versus Kunwar Pal under section 145 Cr.P.C. police station Delhi Gate, Aligarh after setting aside the order dated 29.4.2013 passed by learned Sessions Judge, Aligarh in Transfer Application No. 176/2013 Smt. Gautam Devi Versus State of U.P. and others. 3. The grounds of transfer as mentioned in the petition and argued by the learned counsel for the applicant are of two folds. Firstly; that the learned Executive Magistrate before whom the proceedings under section 145 Cr.P.C. is pending is in hurry to finally dispose it of by fixing short dates and now he does not allow sufficient time to her learned counsel for preparation of the arguments and secondly; that the opposite party no.2 is often seen sitting in the chamber of City Magistrate ( Executive Magistrate) creating doubt in her mind that probably the learned Executive Magistrate will pass the order in his favour. The aforesaid grounds are supported by affidavit of the applicant. 4. Learned A.G.A. has opposed the transfer application. 5. It appears that a Criminal case no.11/2011 under section 145 Cr.P.C. Police Station Delhi Gate, Aligarh State Versus Kunwar Pal is pending before the court of learned Executive Magistrate (City Magistrate). An application for transfer was made under section 408 Cr.P.C. before the learned Sessions Judge with the allegation that the adversary of the applicant has been seen sitting in the chamber of the Presiding Officer concerned. The said transfer application was rejected by the District Judge vide order dated 29.4.2013. 6. Feeling aggrieved this transfer application under section 407 Cr.P.C. has been filed by her with the prayer to set aside the said order dated 29.4.2013 passed by learned Sessions Judge, Aligarh and allow this transfer application made under section 407 Cr.P.C. 7. The materials placed before me show that in a proceeding under section 482 Cr.P.C. the High Court has given a direction to the Executive Magistrate concerned to conclude the proceeding of aforesaid case No. 11/2011 (supra) within a period of 2 month.
The materials placed before me show that in a proceeding under section 482 Cr.P.C. the High Court has given a direction to the Executive Magistrate concerned to conclude the proceeding of aforesaid case No. 11/2011 (supra) within a period of 2 month. Therefore, the Executive Magistrate being bound by the direction of this Court has no option except to sit tight over the matter in order to comply with the order in letter and spirit and therefore, he has no scope to fix long date on the request of either of the parties. If the learned Magistrate is in hurry to ensure the final disposal of the proceeding before him within the aforesaid stipulated period as given by the High Court, by itself it is not sufficient to hold that he has any soft corner for opposite party no.2 and he would not render justice in accordance with law. 8. As regards the second submission made by the learned counsel for the applicant that since the opposite party no.2 used to sit in the chamber of the Presiding Officer, therefore, it creates reasonable apprehension in the mind of the applicant that probably she would not get justice and within all human probabilities the order would be passed by the learned Executive Magistrate in favour of opposite party no.2, I have given my anxious judicial thought over the submissions made by him, but I am of the firm view that there is no substance in the aforesaid submissions made by learned counsel for the applicant because for want of evidence on record it cannot be believed that opposite party no.2 has such a status which facilitates him to sit with the learned City Magistrate in his chamber. Secondly, that even if it is taken for granted that opposite party no.2 has some proximity or close relation with the City Magistrate then it is not probable that he would sit with him in the view of the applicant during the pendency of the proceedings under section 145 Cr.P.C. in which he himself is a party and thirdly, that such type of allegations are often made falsely only to make out a ground of transfer although such things do not happen in reality. 9. These grounds are usually absurd, unbelievable and liable to be ignored.
9. These grounds are usually absurd, unbelievable and liable to be ignored. If such false; frivolous; irresponsible allegations are given much weight by the courts of law, certainly the prestige; pride; dignity and honour of the Presiding Officer and the confidence reposed in them by public at large as well as the public perception about the judicial officer attributing the element of honesty, sincerity and devotion in them towards the discharge of their legal duties and divine functions are bound to be hampered and it would be injurious to the health of independent judicial system. 10. The learned Sessions Judge was fully right in rejecting the transfer application made before him on the aforesaid grounds. 11. In view of the foregoing discussion this transfer application being devoid of merit stands dismissed at admission stage itself. _____________