SMT. KAUSHALYA DEVI versus SHRI MOOL RAJ AND OTHERS

SMT. KAUSHALYA DEVI versus SHRI MOOL RAJ AND OTHERS

The Magistrate's action in making a counter-affidavit opposing the accused's application for transfer constituted a grave impropriety and compromised judicial impartiality. Therefore, irrespective of the merits of the applicant's other contentions, expediency in the ends of justice requires that the case be transferred to another court of competent jurisdiction.

Parties
Petitioner: Smt. Kaushalya Devi; Respondents: Shri Mool Raj and others
Jurisdiction
India
Judgment Date
04 September 1963
Procedural Posture
Transfer Petition / Final Order on Transfer Application
Outcome
Transfer ordered
Legal Topics
Transfer of Cases, Judicial Impartiality, Impropriety of Affidavits by Presiding Magistrate
Criminal Law Practice and Procedure Transfer of Cases Judicial Impartiality Impropriety of Affidavits by Presiding Magistrate

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Parties

Smt. Kaushalya Devi

Petitioner

Shri Mool Raj and others

Respondents

Procedural Posture

Transfer Petition / Final Order on Transfer Application

Legal Issues

  1. 1 Whether it is proper for a Magistrate, in whose court a criminal case is pending, to file an affidavit opposing an application for transfer of the case.
  2. 2 Whether the ends of justice require transfer of a pending criminal case when the presiding Magistrate has entered the arena by making a counter-affidavit.

Ratio Decidendi

The Magistrate's action in making a counter-affidavit opposing the accused's application for transfer constituted a grave impropriety and compromised judicial impartiality. Therefore, irrespective of the merits of the applicant's other contentions, expediency in the ends of justice requires that the case be transferred to another court of competent jurisdiction.

Court Disposition

Transfer ordered

Orders

  • The criminal proceedings pending against the petitioner and three other persons are transferred from the court of the Sub-Divisional Magistrate, Delhi, to a competent court in Saharanpur, Uttar Pradesh. The District Magistrate, Saharanpur, is directed to nominate a magistrate to try the case.