was complete and the arguments were being heard in a
matter which is pending from 2002. The Chief
Metropolitan Magistrate should have been cautious
enough in entertaining this application at such a
belated stage. Above all, it also appears that the
Chief Metropolitan Magistrate gave a direction to the
effect that the Metropolitan Magistrate shall not
proceed with the hearing of the case till 18.6.2007
and thereafter no further directions have been given.
This puts the other Magistrate in a difficult
situation because there is no stay order from the
Chief Metropolitan Magistrate extended and,
therefore, the Court is at loss as to whether the
Court shall hear or not hear the matter. Under these
circumstances, the Chief Metropolitan Magistrate
should have disposed of the transfer application on
merits. Keeping the application pending without
extension of the stay order and/or vacating the
interim stay order, keeps the Metropolitan Magistrate
in a embarrassing position in view of the certain
allegations made against him and, therefore, the fair
play requires that the Chief Metropolitan Magistrate
ought to dispose of the transfer application on
merits without giving any opportunity to the parties
