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Criminal Miscellaneous No. 31/T of 1985, decided on 11th May, 1985.

(a) Criminal Procedure Code (V of 1898)--

---S. 526--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12--Penal Code (XLV of 1860), S. 377--Case pending trial In Court of Sessions Judge--Sessions Judge admitting in his comments that complaint was against accused who was clerk in Office of Sessions Judge--Accused, held, had genuine apprehension that he might not get justice in case against him--Case transferred in circumstances.

(b) Criminal Procedure Code (V of 1898)--

---S. 526--Penal Code (XLV of 1860), S. 377--Offence of Zinc (Enforcement of Hudood) Ordinance (VII of 1979), S. 12--Transfer of case--case pending trial in Court of Sessions Judge--Transfer application found to be genuine--No Additional Sessions Judge posted in concerned District--Accused having no objection to transfer of case to Court of a nearer District--Case transferred to Sessions Court of another District nearer to concerned District.

Syed Muhammad Baqir Gardezi for Petitioner.

Akhtar Shabir A.A.-G. for the State.

This is an application under section 526, Cr.P.C. for transfer of criminal case under section 377, P.P.C. read with section 12 of Offence of Zina (Enforcement of Hudood) Ordinance 1979 against the petitioner registered at Police Station Bhakkar on 2-11-1964 at the instance of Mazhar Qayyum complainant at present pending before Ch. Muhammad Rafique, Sessions Judge, Bhakkar. I directed the Sessions Judge Bhakkar to send parawise comments on, this application. it is . admitted in the comments that the complainant in this case as against the petitioner is a clerk in the office of Sessions Judge Bhakkar and A although learned Sessions Judge Bhakkar had stated that the apprehension of the petitioner to the effect that the complainant might exercise influence on him is baseless, it can be said the petitioner has a genuine apprehension that he might not get justice in the case against him. In that view of the matter, I am of the view that it .would be better if the case is transferred to some other Court. Learned A.A.-G. tells me that there is no Additional Sessions Judge at Bhakkar to whom the case can be entrusted and that, therefore, it will have to go to Mianwali which is near Bhakkar. Learned counsel for the petitioner has no objection. Consequently I direct the Sessions Judge Bhakkar to transfer the said case to the Sessions Judge, Mianwali who should either hold the trial himself or entrust it to some Additional Sessions Judge in Mianwali for the disposal of this case. With these observations this petition is disposed of.

S . A .

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