Judgement

HIDAYATULLAH, J. : This is a petition under S. 527 of the Code of Criminal Procedure for the transfer of a criminal case (No. 2 of 1964-State v. Gurcharan Dass Chadha I. P. S.) which is pending in the Court of Special Judge, Bharatpur, Rajasthan to another criminal court of equal or superior jurisdiction subordinate to a High Court other than the High Court of Rajasthan. The Petitioner is the accused in that case and he is being tried under Ss. 120-B/16, Indian Penal Code and S. 5(1)(a)(d) and 5(2) of the Prevention of Corruption Act.

2. The petitioner is a member of an All India Service and his prosecution has been sanctioned by the Government of India. In December, 1962, he was serving as Superintendent of Police and was selected to be Commandant of 8th Batallion on Rajasthan Armed Constabulary. He avers that he took over as Commandant on January 7, 1963 but was placed under suspension the same day and a case was registered on January 12, 1968 which was resulted in the present prosecution against him. The petitioner apprehends for reasons to be stated presently that he is not likely to get a fair, just and impartial trial in the State of Rajasthan owing to the hostility a