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MUHAMMAD MURAD versus THE STATE


Section 526 Criminal Case Transfer Applicant Appeals from Division Special B Special's Special Judge's Court, transferring the case to both the Special Judge and his steno on the basis of being an accused in a criminal case in which the applicant's The source has accused them of demanding bribes. Applicant's case was ordered to Special Judge M M Division by Special Judge Special B \ Division Court and in the case, Special Judge M

P L D 1982 Lahore 524

Before Mahboob Ahmad, J

Haji MUHAMMAD MURAD‑‑Petitioner versus

Tim STATE‑‑Respondent

Criminal Miscellaneous No. 36‑T of 1982, decided on 18th April, 1982.

Criminal Procedure Code (V of 1898)‑.

S. 526‑‑Transfer of criminal case‑Transfer of case against petitioner from Court of Special Judge of Division 'B' sought on ground of both Special Judge and his Steno being accused in a criminal case wherein allegation made of demand of bribe by them from petitioner‑‑Transfer of petitioner's case from Court of Special Judge 'B' Division ordered and case entrusted to Special Judge 'M' Division, in circumstances.

Ch. Nazir Ahmad Cheema for Petitioner. Khalil Ramdey A. A.‑G. for the State. Date of hearing : 18th April, 1982.

JUDGEMENT

This petition under section 526, Cr. P. C. seeks the transfer of the case titled "State v. Haji Muhammad Murad" under section 419/420, P. P. C. read with section 5 of the Prevention of Corruption Act (11 of 1947), registered vide F. i. R. No. 12/73, Police Station, Derawar, District Bahawalpur, pending in the Court of learned Special Judge, Anti‑Corruption, Bahawalpur, to some other Court of competent jurisdiction.

2. The learned counsel for the petitioner contended that the demand of bribe by the Steno of the learned Special Judge, Anti‑Corruption from the petitioner in the light of the position that the Steno aforementioned and the learned Special Judge, Anti‑Corruption are accused persons in F. I. R. No. 74 of 1980, dated 3‑2‑1982 wherein there is an allegation of demand of bribe by them, has caused grave apprehension in the mind of the petitioner that he will not meet a fair trial in that Court, since he is neither prepared nor able to pay the bribe demanded from him.

3. The learned Assistant Advocate‑General appearing for the State does not have any objection to the transfer of the case in the attendant circumstances narrated above.

4. In view of the foregoing, accepting this petition I direct chat the case titled " State v. Haji Muhammad Murad" pending in the Court of learned Special Judge, Anti‑Corruption, Bahawalpur, be transferred to the Court of learned Special Judge, Anti‑Corruption, Multan, for adjudication in accordance with law. The learned transferee Court shall ensure that the case is decided at a very early date. The petitioner shall appear before the learned Special Judge, Anti‑Corruption, Multan, on 8‑5-1982 and the learned Special Judge Anti‑Corruption, Bahawalpur, shall ensure that the record reaches the transferee Court before the above‑mentioned date of hearing.

s. c3. D. Petition allowed.

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