1. This is an application for the transfer of a case of which the number is given and is said to be between Mewa Ram and Narain Das and othars, residents of Etawah. The case is said to be pending in the Court of Bench Magitrates, Etawah. The application is that it be transferred from that Court to some other Magistrate of Etawah competent to try the case. It is supported by an affidavit of the vaguest description. No date whatever is given in the affidavit from beginning to end. There is nothing to show that the person who swore to the affidavit, was in Court on any particular date or was in Court on a very date when the case came up for trial. The deponent says that Lala Ram Nath, one of the Bench Magistrates, is a personal friend of the accused Narain Das and his two sons. He also says that the accused are in debt to Lala Ram Nath, the said Bench Magistrate. He gives no foundation for the first of the two allegations. The second is said to rest upon a copy of a mortgage-deed 12 years old obtained from the registration office a few days ago. Such an affidavit is not worth the paper on which it is written, I am told that the application is made under Section 526(e) of the Cr PC, and that the transfer sought, is expedient for the ends of justice.
2. The learned counsel who appears in support of the application explains that it would be batter for both parties that this case should be heard by some one who knows nothing about them and that it is more likely that justice will be obtained from such an officer. This ground is not set out in Section 526 of the Cr PC and I have not been referred to any precedent showing that this is the interpretation to be placed upon Section 526(e) of the Cr PC. I shall not venture even to suppose that the learned gentlemen who sit on the Bench with Lala Ram Nath are so indifferent to their reputation and so subservient as to allow Lala Ram Nath to lead them to pass an order contrary to what seems to them to be just. I see absolutely no ground for interfering and direct that the case proceed to trial with all speed, the stay order is discharged.
V.B/R.K
3. Order discharged.