Heard.
This petition has been filed by the petitioner against the order dt.14.8.2012 passed by the learned District Juge, Guna in M.C.C No. 52/2012.
The petitioner submitted an application for transfer of his case to another court. He pleaded that he had apprehension that the Presiding Officer has prejudice against him. He further pleaded that he got impression that Presiding Officer was favouring Umar Khan.
The District Judge in the impugned order has considered all the facts and has recorded a finding that the apprehension of the petitioner is not reasonable neither it is based on cogent evidence, rather the act of the Presiding Judge is in accordance with law. The District Judge further observed that the petitioner filed an application of transfer of case after the order passed by the High Court, in which the High Court directed to decide the case within a period of three months. The District Judge has considered all the facts in detail and passed the order.
Learned counsel for the petitioner relied on the judgment of Hon'ble Supreme Court in the case of Kulwinder Kaur alias Kulwinder Gurcharan Singh v. Kandi Friends Education Trust reported in (2008) 3 SCC 659 in support of his contentions and submitted that reasonable apprehension in the mind of the litigant is sufficient to transfer the case.
I have gone through the order passed by the District Jude and the facts of the case. In my opinion from the allegation of the petitioner leveled against the Presiding Officer, it could not be inferred that the apprehension of the petitioner is reasonable. Hence, there is no illegality in the order passed by the District Judge.
Consequently, I do not find any merit in this petition. It is hereby dismissed. No order as to costs.