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Petition for Special Leave to Appeal No. 195 of 1967, decided on 6th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 2lth June 1967, in Criminal Miscellaneous No. 2057 of 1967).
S. 526‑‑Transfer of criminal case‑High Court refusing to transfer case from one Court to another‑Leave to appeal sought against such order High Court, held, in better position to judge whether a case should be transferred from a particular Court or not‑Supreme Court will not interfere unless circumstances altogether of exceptional character so that refusal might entail risk of abuse of process‑No good ground found for Interference Petition dismissed‑Constitution of Pakistan (1962), Art. 58(3).
Afrasiab Khan, Advocate Supreme Court, instructed by Masud Akhtar, Attorney for Petitioner.
Nemo for the State.
Date of hearing: 6th October 1967.
‑Special leave td appeal is sought against the order of a learned Single Judge of the High Court refusing to transfer a case from the Court of Mr. Muhammad Shafi, Magistrate, 1st Class, Gujrat, to some other Court.
The petitioner applied for transfer of the case from his Court mainly on the grounds that the Magistrate was a friend of one of the accused and that he had abused petitioner's father. Both these allegations were denied by the Magistrate.
The High Court is in a better position to judge whether a case should be transferred from a particular Court or not. This Court will not ordinarily interfere with its order, unless the circumstances are altogether of exceptional character so that refusal might entail risk of clear abuse of process, We have, however, found no good ground for interference with the order of the learned Single Judge. In our opinion, the learned Single Judge eras justified in refusing to transfer the case from the Court of the Magistrate, Mr. Muhammad Shafi.
This petition is accordingly dismissed.
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