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Criminal Petition No. 48‑R of 1983, decided on 22nd October, 1983.

(On appeal from the. order dated 13th April, 1983 of the Lahore High Court passed in Criminal Miscellaneous No. 3‑T of 1983).

‑‑‑‑Art. 185 (3)‑Criminal Procedure Code (V of 1898), S. 526 Transfer of case from Court of Special Magistrate referred by High Court ‑Held, it was open to High Court to accept explanation of Special Magistrate in regard to personal allegations. Leveled against him, when High Court itself was not convinced about genuineness of such allegations leveled by petitioner.

Ch. Muhammad Nawaz Abbasi, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.

Nemo for the State.

Date of hearing : 22nd October, 1983.

‑In this petition the order of the High Court dated 13th of April, 1983, refusing to transfer the case fro the Court of Mr. Abdul Wahab Khan, Special Magistrate, WAPDA, Lahore, is challenged. But we see no substance in the petition as it was open to the High Court to accept the explanation of the Special Magistrate in regard to the personal. allegations leaved against him, and the more so when the High Court itself was not convinced about genuineness of the petitioners' allegations.

Accordingly, there is no merit in this petition, which is dismissed.

M.Z. M. Petition dismissed.

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