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Criminal Miscellaneous No. 4044 of 1969, decided on 13th August 1969.

S. 526 read with Rules and Orders of High Court of Judicature, Lahore, Vol. III, Chap. 26‑A, para. 15‑Transfer of criminal cases‑Sessions Judge of one district transferring appeal for disposal to Sessions Judge of another district having concurrent jurisdiction as ex officio Additional Sessions Judge in the district of transferor Judge‑Ex officio Additional Sessions Judge, held, competent to hear and dispose of appeal.

Fayaz Hussain Shah for Petitioner.

Manzoor Hussain Sial for the State.

This is a reference made to this Court by the learned Sessions Judge, Mianwali.

2. In brief, the facts are, that on the 18th June 1969 Mr. Ghulam Murtaza, Magistrate Ist Class with Section 30 powers, Sargodha, convicted and sentenced Ijaz Hussain and Abdur Rehman under section 307/34, P. P. C. for causing injuries on the person of Malik Nawab Khan P. W. with deadly weapons with their common intention to murder him. They filed a joint appeal (Criminal Appeal No. 87 of 1969) against their conviction and sentence, in the Court of Sessions Judge, Sargodha, who entrusted the same for disposal to the learned Additional Sessions Judge, Sargodha. But for the personal reasons, he expressed his inability to hear the appeal on the ground that the injured person was related to his friend and colleague, Malik Gulbaz Khan, at present District and Sessions Judge, Lyallpur. He, therefore, returned the case to the learned Sessions Judge, Sargodha who for the similar reason, too expressed his inability to hear and dispose of the appeal. In these circumstances, he entrusted the appeal to the learned Sessions Judge, Mianwali, who is ex‑officio Additional Sessions Judge, Sargodha, for disposal. He also entrusted the connected revision, filed by the opposite‑party against the same judgment to him for disposal along with the appeal.

3. But the learned Sessions Judge Mianwali, has made this reference to this Court on the ground that he cannot hear and dispose of work of that Sessions Division without the orders of the High Court in this respect. But I find that this reference is wholly misconceived and frivolous. In this connection, attention of the learned Sessions Judge is invited to the provisions contained in para. 15, Chapter 26‑A, Volume III, Rules and Orders of the High Court of Judicature at Lahore. This lays down as under :‑

"A Sessions Judge may with due regard to convenience transfer a case under section 526 of the Code of Criminal Procedure to a Judge in another district when that Judge is acting as an ex officio Additional Sessions Judge of the .district from which the case is to be transferred. In such cases no reference to High Court is necessary except when any difficulty is experienced in making transfers."

Therefore, the learned Sessions Judge, Mianwali, who is also the ex official Additional Sessions Judge, Sargodha, is competent to hear and dispose of the appeal and the revision lawfully entrusted to him by the Sessions Judge, Sargodha. No. 1 order from this Court is necessary.

Reference answered accordingly.

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