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Criminal Revision No.16 of 1985, decided on 12th February, 1985.

‑‑‑S. 192‑‑Transfer of case‑‑Powers of District Magistrate‑‑‑ District Magistrate transferring case under S.192, Cr.P.C. from one Magistrate to another without taking cognizance of case‑‑District Magistrate, held, could not transfer case under S.192, Cr.P.C. without taking cognizance of case for inquiry or trial‑‑Order of transfer of case set aside by High Court.

Tariq Kamal Qazi for Petitioner.

Sh. Jamal Din for the State.

Ch. Bashir Ahmad for the Complainant.

Date of hearing: 12th February, 1985.

This revision arises from order, dated 22‑12‑1984 whereby the learned District Magistrate, Lahore transferred case under section 145, Cr.P.C. from the Court of Abdul Wahab Khan, Magistrate First Class, Lahore to Sardar Sher Afghan, Magistrate First Class, Lahore.

2. The facts giving rise to this revision are that Chaudhry Noor Muhammad petitioner moved petition for proceedings under section 145, Cr.P.C. against Ghulam Yasin and Abdul Waheed Farooqui respondents. The proceedings were pending decision before Abdul Wahab Khan, Magistrate First Class, Lahore when Ghulam Yasin applied before the District Magistrate, Lahore under section 192, Cr.P.C. for the transfer of case from his Court to some other Court of competent jurisdiction. The learned District Magistrate vide judgment, dated 22‑12‑1984 transferred the case to the Court of Sardar Sher Afghan, Magistrate First Class, Lahore, the petitioner has challenged the legality of this order through present revision.

3. Learned counsel submits that since District Magistrate had not taken the cognizance of the case, therefore, he could not have transferred the same under section 192, Cr.P.C. The learned counsel for the respondents has not been able to controvert this submission.

4. After hearing the learned counsel for the parties I feel persuaded to agree with the learned counsel for the petitioner. The relevant provision may be reproduced.

Section 192, Cr.P.C.‑‑ "Any District Magistrate or Sub‑Divisional Magistrate may transfer any case of which he has taken cognizance for inquiry or trial to any Magistrate subordinate to him."

It is an admitted fact that the District Magistrate had not taken the cognizance of case under section 145, Cr.P.C. It is, therefore, very much obvious that he could not have transferred, the case under section 192, Cr.P.C. The impugned order is, therefore, set aside.

H. A.

Petition accepted.