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Criminal Revision No. 402 of 1981, decided on 21st September, 1981
-- S. 528 (1-C)-Transfer of criminal cases-Provisions of S. 528 (1-C), Cr. P. C., held, do not authorize Sessions Court to withdraw a case from any Magistrate subordinate to him and refer same to an Additional Sessions Judge for trial.-(Transfer of criminal cases).
Ch. Muhammad Aslam Zia for Appellant.
Sh. Riaz Ahmad A.-G., Rashid Aziz A. A.-G. and Ch. Mansha for the State.
Date of hearing : 21st September, 1981.
This is a revision by Manzoor Ahmad petitioner, challenging the validity of order dated 20th May, 1981 of the learned Sessions Judge, whereby he withdrew the case State v. Manzoor Ahmad and others' under section 364/365/34, P. P. C. from the Court of Ch. Muhammad Jamil. Magistrate Section 30, Kasur, and entrusted the same to the Court of Additional Sessions Judge,- Kasur.
2. Learned counsel for the petitioner submits that there is no provision of law authorising the Sessions Judge to transfer the case from the Court of Magistrate Section 30, to the Court of an Additional Sessions Judge. He further contends that subsection (1-C) of section 528, Cr. P. C., which makes provision for power of the Sessions Judge to transfer cases from Courts of Magistrates does not invest him with jurisdiction to transfer any case from the Court of Magistrate to the Court of Additional Sessions Judge.
3. I have looked into section 528, Cr. P. C. subsection (1-C) of section 528, Cr. P. C. authorises the Sessions Judge to withdraw a case from any Magistrate subordinate to him and refer it for trial to any other such Magistrate competent to try the same. It does not, however, authorize him to refer a case withdrawn by him from a Magistrate to an Additional Sessions Judge for, trial.
4. Learned Advocate-General concedes this legal position and supports this revision petition.
5. In view of this, I allow this revision petition and set aside the impugned order of the learned Sessions Judge, Kasur, whereby he referred the said case for trial to Additional Sessions Judge, Kasur.
Revision allowed.
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