In this application Thakur Narwarsingh who along with some other persons is being tried by Mr. H. B. Agarwal, Special Magistrate, for offences under Ss. 395, 397, 398, 120-B, 460, 332, 149, 458, I. P. C. The applicant complains that the Ruler of Zabua, under whose instigation cases relating to the above offences have been instituted against him, resides in Indore and is influencing the prosecution witnesses against him and that the witnesses which he himself wishes to produce in defence are residents of Zabua and Zaknawada which places are at a considerable distance from Indore, and further says that his trial in the Indore Central Jail premises is likely to prejudice him. On these grounds the applicant prays that his trial should be held either at Dhar at Ujjain and that in no case should it be held in the Jail premises.

2. I have heard the petitioner who was present in person, and the learned Government Advocate. In my opinion the application must be refused. It is not the allegation of the applicant that Mr. Agarwal, the Special Magistrate, is prejudiced against him and the applicant does not ask for a transfer of the cases pending against him from Mr. Agarwal's court to a