JUDGMENT :

P.K. Tripathy, J. - The informant in G.R. Case No. 657 of 1997 has filed this application seeking the relief of transfer of the said G.R. Case from the Court of J.M.F.C., Basudevpur to any other competent Court at Bhadrak, Baripada or Balasore. From the cause title, it appears that she is a resident of Baripada. The two accused persons are the opposite party Nos. 1 and 2 in this case. The opposite party No. 1 is the husband of the Petitioner and the opposite party No. 2 is her father-in-law.

2. Initially, the case was pending in the Court of S.D.J.M., Bhadrak who took cognizance of the offence and after appearance of the accused persons proceeded with the trial. On 1.2.2000 an application u/s 410, Code of Criminal Procedure was moved by opposite party No. 1 praying for transfer of the case from the file of the S.D.J.M. on the ground of losing confidence with the Presiding Officer for making a comment on the lawyer at the time of cross-examination of the present Petitioner who was being examined as P.W. No. 5. In that respect, on being asked by this Court, the Chief Judicial Magistrate (in shor 'C.J.M.') has submitted a report explaining the circumstance under which he pass