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Petitions for Special Leave to Appeals Nos. 209 to 211 of 1967, decided on 2nd October 1967.
(On appeal from the judgments and orders of the High Court of West Pakistan, Lahore, dated the 26th June 1967, in Criminal Miscellaneous No. 2115 of 1967, read with 2116 and 2117 of 1967 of even date).
S. 516‑Transfer of criminal cases pending in subordinate Courts‑Falls within dis cretionary jurisdiction of High Court‑Such cases should ordinarily end there and not brought before Supreme Court for exercise of special jurisdiction under Art. 58(3), Constitution of Pakistan (1962)‑Leave to appeal sought on grounds not finding favour with High Court‑Petition dismissed‑Constitution of Pakistan (1961), Art. 58(3).
Ghulam Mujaddad Mirza, Senior Advocate Supreme Court (Shaukat Ali Khawaja, Advocate Supreme Court with him) instructed by Mehraj‑ud‑Din Chaudhry, Attorney for Petitioner.
Nemo for the State.
Date of hearing : 2nd October 1967.
‑The petitioner is being tried in three different cases by Mr. C. M. Hanif, Corporation Magistrate, Lahore, under section 6(1) of the West Pakistan Pure Food Ordinance, 1960. During the trial a complaint was made that sufficient opportunity was not given to the defence to cross‑examine the Rationing Controller. The objection was overruled whereupon some unpleasant remarks were alleged to have been made by the Presiding Officer. Eventually the petitioner moved the High Court under section 526, Cr. P. C., for the transfer of the cases to another Court, but the prayer was disallowed as no prejudice was caused to the defence. The Rationing Controller was yet to be further cross‑examined and the alleged unpleasantness between the counsel and the presiding officer was of trivial nature.
Three separate petitions being Ps. S. L. A. Nos. 209 to 211 of 1967 have been filed to seek leave to appeal from the orders of the High Court on grounds which did not find favour with the High Court.
Transfer of cases pending in the‑ subordinate Courts falls within the discretionary jurisdiction of the High Court. Such matters should, therefore, ordinarily end there and not be brought before this Court for exercise of its special jurisdiction under Article 58 of the Constitution.
These petitions are, accordingly, dismissed without calling in question the orders of the High Court.
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