In the Matter of an Application to transfer case to the Police Court of Jaffna

085-NLR-NLR-V-31-In-the-Matter-of-an-Application-to-transfer-case-to-the-Police-Court-of-Jaffna.pdf


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Present: Maartensz A.J.
In the Matter of an Application to transfer case to thePolice Court of Jaffna.
P. 0. Point Pedro, 8,011.
Transfer of ease—Magistrate refuses process—-Counter charge againstcomplainant—Bais—Interests of justice.
Where a Police Magistrate after hearing a complainant and hiswitnesses refused to issue process; and where a similar charge hadbeen brought by the accused person against the complainant,—
Held, that it would be expedient to have the case tried byanother Magistrate.
A
PPLICATION to have a case pending before the Police Courtof Point Pedro transferred for hearing before another Judge.
Subramaniam, in support.
Baenayake, C.C., contra.
August 30, 1929. Maaktensz A.J.—
The petitioner, the first accused in case No. -8,011 of the PoliceCourt of Point Pedro, moves for an order that the case be transferredfor trial by another Judge on the ground that he fears that thelearned Police Magistrate has arrived at a premature conclusion inthe case against him and that an impartial trial cannot be expectedfrom him.
In this case the petitioner is charged by one Francis Alfred withcausing hurt to him. On the same day .the petitioner filed a plaintagainst Francis Alfred charging- him with. causing hurt to thepetitioner. The learned Police Magistrate after examining thepetitioner and his witnesses refused process. The petitioner there-fore apprehends that he may not have a fair trial at the hands of theJudge in the case brought against him by Alfred.
The principle on which these applications are allowed is laid downin the case of Lolit Mohan Moitra v. Sufya Kanta Acharjee et al.1thus: “ If by reason of the words or conduct of- a Magistrate orJudge, before whom a case is pending, any party reasonably appre-hends that there is a bias against him in the mind of the officerconcerned, it would be expedient for the ends of justice to transferthe case from his file to that of some other officer competent totry it, though there may not be any actual bias.”
Here, the Magistrate having heard the petitioner’s witnessesrefused process and these witnesses would be. in the ordinary coursewitnesses for the defence in the case brought against the petitionerbv Alfred. There are therefore reasons why the accused shouldapprehend that he may not have an impartial trial.
11. L. R. (Calcutta Series), Vol. 38, p. 709.
1029
( 310 )
1929
MaabtbnszA. J.
In the Matterof an jlppli'cation totransfer Case.
__ I accordingly order the transfer of the case for trial to the PoliceCourt of Jaffna. In doing so, I would add that I have nodoubt that the Magistrate has no real bias against the petitioner,and that the order of transfer is made without casting upon theMagistrate the slightest reflection. Let the order be telegraphedto the Police Magistrate of Point Pedro as I understand the case is
fixed for trial on Monday.
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