A magistrate's conduct and comments during a trial can create a reasonable apprehension in the accused's mind that he will not receive a fair and impartial trial, warranting the transfer of the case to another court.

( 1 ) THIS is an anpsication ander section 526 Criminal Procedure Code for transfer of a criminal complaint under section 483 and 485, Indian Penal Code filed by Shri R. 4. Wania, Manager Tata Od Mills Co. , Ltd. , against the present petitioner Ved Parkash Sawhney This complaint was filed as far back as 1st August 1958 and an order for farther enquiry was made on 10th April 1964. The statement of the accused under Section 342, Criminal Procedure Code was recorded on 26th July 1966.

( 2 ) THE accused against whom this case has been pending for the last more than nine vears was originally discharged of the offence under sections 483 and 488, Indian Penal Code for infringement of trade marks, but this order was reversed by the High Court. The matter has also been to this Court once again as recently as February, 1968 on revision against an order of the learned Magistrate in regard to the summoning of witnesses for the defence and 0m Parkash J. varied the order of the learned Magistrate and directed the witnesses to appear in the trial Court on 12th February, 1908, The transfer application proceeds to state inter alia:-

"2. That on 26th July 1966 statement of accused was recorded under section 342 Cr P. C. uptil this time adjournments were being given as prosecution wanted to file documents. Even for statement of accused adjournments were given as senior counsel for the complainant was not available. Since learned Magistrate was influeneed by the facts of delay and case being an old one; the above facts have been mentioned to explain that delay was caused by prosecution and not by accused. * *

( 3 ) THAT the accused appeared on 12th February 1968 but the file had not been received by the learned Magistrate hence the case was adjourned to 27th February 1938 when the learned Magistrate on account of other Government work did not come to court and case was adjourned to 28th February 1968. On 28th February 1968 following order was passad. Counsel for the complainant is present and accused is also present. Accused should file complete address of one witness. File be put up for defence evidence on 5th March 1968. All the witnesses be summoned for 5th March 1968. sd/- 28th February, On 5th March 1968, the following order was passed :- "counsel for complainant present. Accused present. Perma Nand witness called. Against Permanand bailable warrant for Rs. 500. 00 and notice under Section 484. A Criminal Procedure Code be issued. Summon on the house of Tirath Singh was affixed. Therefore be is served. It is clear that be refused to accept summons. So against Tirath Singh bailable warrant of same amount be issued and notice U/s. 485-A Cr. PC. be issued against him. On the summon of Moti Ram there is report that he refuses to accept summons. Bailable warrant for Rs 500. 00be issued. R. C. Pandev and Bimal Pershad be summoned. Case to come up on 13th March 1988. The summons and warrants be served specially. 5th March 1908. sd/-

( 7 ) THAT on 5th March, 1968, i. e. on the date of hearing, Shri Kishan Chand brother of Shri Permanand submitted an application that "my brother Permanand has fallen ill and is not able to attend the court, Medical Certificate is attached and it is requested that some other date be fixed. Order of the learned Magistrate on this application reads as follows; - presented by Kishen Chand at 2. 45 P. M. Orders were passed at 12. P. M. Place on file. sd/- Magistrate, 5th March, 1868 . Dr J. R. Mehra s Certificate reads as follows:- certified that Shri Permanand son of Shri Goverdhan Das whose signatures are given above has been suffering from Dysentry since last night. He is under my treatment. I advise him to take rest for 3 days, sd/- 5th March, 1968.

( 8 ) THAT on 13th March, 1968 application for stay of proceedings was moved and the learned Magistrate stayed the proceedings. He could not issue notice and take statement of Permanand under Section 485-A Cr. P,c. but he called upon him put questions and answ