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KHADIM HUSSAIN versus THE STATE


Criminal Case Code (CCPC) Section 526 Criminal Case Transfer Request Support In addition to the affidavit of five residents of the local area, the applicant himself came through an affidavit alleging that the accused party He came with the trial judge's relative and was impressed. The effect of compromising with the accused is otherwise they will ensure that the trial judge does not deny his relationship with such person, the trial judge is withdrawn before the trial and any other session judge Was handed over to

1982 P Cr. L J 1301

[Lahore]

Before Lehrasap Khan, J

KHADIM HUSSAIN‑Petitioner

versus

THE STATE AND 2 OTHERS‑Respondents

Criminal Miscellaneous No. 34/T of 1982, decided on 6th June, 1982.

Criminal Procedure Code (V of 1898)‑--

‑‑ S. 526 ‑ Transfer of criminal cases ‑-- Transfer application supported by affidavits of five residents of locality in addition to an affidavit sworn by petitioner himself alleging that accused party approached him accompanied by a relative of trial Judge and impressed upon him to effect compromise with accused otherwise they would ensure that accused were acquitted‑Trial Judge not denying his relationship with such person‑Case pending before such trial Judge withdrawn and entrusted to another Sessions Judge, in circumstances.

Khan Lai Khan Baluch for Petitioner.

Muhammad Nawaz for the State.

Date of hearing : 6th June, 1982.

JUDGMENT

The contents of the report submitted by the learned Additional Sessions Judge, have been perused and considered.

2. The learned Additional Sessions Judge has reported that the allegations in the present application about the interest shown in the matter by his relative namely Ch. Asghar Ali Jat ;were unfounded. He has, however; not denied his relationship with the said Asghar Ali Jat.

3. It is mainly alleged in the transfer application that big Zamin dars of the Ilaqa who were supporters of the accused party approached the complainant accompanied by Ch. Asghar Ali Jat, and impressed upon him to effect compromise with the accused otherwise they would ensure that .the accused are acquitted. There are affidavits sworn by five residents of Ahmadpur Sial and Garh Maharaja in addition to an affidavit sworn by the petitioner himself in support of the allegations made in the transfer application.

4. In the light of the allegations made in the transfer application which are supported by affidavits of five different persons and in view of the established principle that justice should not only be done but it should manifestly appear to have been done, it is deemed appropriate that the Sessions case in question be transferred from the Court, of Ch. Ihsan‑ul‑Haq Bhalli, Addl. Sessions Judge. It is, therefore, directed that the Sessions case titled "The State v. Muhammad Sharif etc." pending in the Court of Ch. Ihsan‑ul‑Haq Bhalli, Addl. Sessions Judge Jhang, be vrithdrawn from the said learned Court and should be either tried by the learned Sessions Judge, Jhang, himself or be entrusted to some other Additional Sessions Judge posted at Jhang other than Mr. Ihsan‑ul‑Haq Bhaili.

Petition allowed.

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