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MUHAMMAD SHOAIB versus THE STATE

Transfer of Trial from the Judicial Magistrate to the Sessions Judge at the request of the Judicial Magistrate, Sections 528 and 439 Panel Code (XLV of 1860), Section 324/334/337 F (ii) / 337F (vi) / 148/149 ? The complainant withdrew the case from the Judicial Magistrate's Court and the case was handed over to the Additional Sessions Judge's Court for trial, the accused under Section 4 324, PC 33 & and 33 336, P.P.C. Under Section 9439, the CRPS challenged the order passed through the Criminal Revision. In the present case, the sentence was imposed by the trial magistrate by the trial magistrate and as a result, if the judicial magistrate finds that the accused should be sentenced, There was no option to award the award, the case will have to be transferred to the sessions court judge, in which case, the matter was rightfully withdrawn from the court of the magistrate and the matter was referred to the court. The Additional Sessions Judge cannot be given the accused the right to choose the court of his choice for the trial, which would have led to the deprivation of a forum of appeals if he was repelled as an accused, if the Sessions Court If convicted by the court, he can file an appeal before the High Court and he will hear and decide the same principles available to the accused in the sessions court as the appellate court has no prejudice, by transferring the case under the circumstances. The suspect was likely, in the event of any unlawful interference by the session judge. , Such order by the High Court in exercise of this amending jurisdiction famous high court advocate from Dhatmal lawyer