1. Rule. Returnable forthwith.

2. Heard Finally with consent of parties.

3. This is an application under Section 407 of the Code of Criminal Procedure.

4. The applicant is an accused in Criminal Case No.349 of 2002 before the Second Additional Chief Judicial Magistrate, Nagpur. She is facing trial under various Sections such as 468, 471 of Indian Penal Code. During the course of the trial, it is alleged that, she had made several types of applications which were rejected by the learned Magistrate and she apprehends that the Magistrate is prejudiced against her and she may not, therefore, get justice at his hands. She, therefore, had moved an application before the Sessions Judge for transfer of the said criminal case. The learned Sessions Judge rejected the prayer. Since the learned Sessions Judge rejected the prayer, the accused has approached this court.

5. I have heard Shri Kshirsagar, learned counsel for the applicant and Shri R.P.Joshi, learned counsel for the non-applicants.

6. The applicant/accused attributes bias to the learned Magistrate. It is the settled proposition of law that justice must not only be done but seen to have been done. However, when a transfe