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1956 Supreme(Bom) 15

B.N.GOKHALE, P.B.GAJENDRAGADKAR
Ratilal Jasraj – Appellant
Versus
The State – Respondent


Judgment

1. This is an application for transfer of the proceedings pending against the petitioner in the Court of the Additional District Magistrate, Ahmednagar, to a competent Court in any other district. The proceedings in question have been instituted against the petitioner under Section 110 (e) and (f), Criminal P.C. and the case in which these proceedings are pending before the learned Additional District Magistrate at Nagar is Criminal Case No. 36 of 1955 on his file.

The petitioners grievance is that the course which the proceedings have taken before the learned Additional District Magistrate and the attitude adopted by him have created a reasonable apprehension In his mind that he will not get a fair trial before the learned Magistrate.

2. In dealing with transfer applications, it is essential for the petitioner to satisfy us that he entertains an apprehension that his case would not be fairly tried by the learned trial Magistrate land that his apprehension is such as can be regarded by us as reasonable.

Having regard to the several allegations which had been made by the petitioner in respect of the conduct of the proceedings, Shah and Vyas JJ. had called for a report from the



































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