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Criminal Miscellaneous No. 102‑T of 1984, decided on 11th November, 1984.

‑‑‑S. 526‑‑Penal Code (XLV of 1860), Ss. 307/149/324/148/326‑‑Transfer of criminal cases‑‑Grounds‑‑Firstly accused arrested by order of Magistrate in spite of fact that they have been allowed bail by superior Court‑‑Secondly accused filing civil suit for damages against Magistrate‑‑Finally accused moving contempt application against Magistrate‑‑Grounds, held, very strong to give genuine apprehension to accused that they shall not get justice from Magistrate‑‑Transfer application accepted and cases ordered to be transferred.

Ch. Muhammad Abdul Wahid for Petitioners.

S.M. Masud for Respondent No.1.

Hasnat Ahmad for the State.

Abdul Rashid and his brother Nazir Ahmad and Mushtaq Ahmad and his brother Riaz Ahmad, and their relation Maqsood Ahmad have filed two separate applications for transfer of two criminal cases pending in the Court of Kanwar Azmat Ali Khan, Magistrate Section 30, Jaranwala. The former application pertains to the private complaint by Chiragh Din against the petitioners under sections 307/326/149 and 148, P.P.C. The facts are common and the incident out of which the two transfer applications have arisen is also the same. Moreover, the parties are also the same. I am, therefore, going to dispose of both the applications by means of this order.

Chiragh Din, who is respondent No.1 in Criminal Miscellaneous 102‑T of 1984, got a criminal case registered against the petitioners under sections 325/149, 324/149 and 148, P.P.C. This was regarding an occurrence alleged to have taken place on 25‑7‑1983 at 7‑30 p.m. within the jurisdiction of P.S. Jaranwala. The matter was thoroughly investigated. The challan was submitted under sections 324/149 and 148, P.P.C. The petitioners applied for anticipatory bail, which was confirmed by the Additional Sessions Judge vide order, dated 30‑8‑1983. Chiragh Din was not satisfied with the challan submitted by the police. He, therefore, filed a private complaint with regard to the same occurrence on 26‑10‑1983 in the Court of Kanwar Azmat Ali Khan. This was under sections 307/149, 326/149 and 148, P.P.C. The petitioners appeared before the Magistrate, informed him that they had already been admitted to pre‑arrest bail by the Additional Sessions Judge and that the complaint pertained to the same incident regarding which they had been challaned by the police. Yet the Magistrate by his order, dated 4‑12‑1983 rejected the bail application and sent the petitioners to the judicial lock‑up.

As the action of the Magistrate was arbitrary the petitioners filed a contempt application against him before the Sessions Judge, Faisalabad. They also filed a civil suit for damages, which was ultimately dismissed on 26‑3‑1984 being barred by section 1 of the Judicial Officers Protection Act.

The petitioners thereafter filed an application before the Sessions Judge for transfer of the complaint as well as challan case from the Court of the Magistrate but the same was dismissed on 28‑6‑1984.

The grounds for transfer of the cases are: first, the arrest of the petitioners under the orders of the Magistrate in spite of the fact that they had been admitted to bail by a superior Court; second, the civil suit filed by the petitioners against the Magistrate; and finally the contempt application moved by the petitioners.

Both the petitions were admitted to regular hearing and notice was issued to the other side on 1‑8‑1984.

I have heard the learned counsel appearing for the respondent as well as for the State.

I think that all the three grounds taken by the petitioners i.e., their arrest, suit for damages against the Magistrate, and contempt proceedings against him, are very strong grounds to give genuine apprehension to the petitioners that they shall not get justice from the Magistrate. I, therefore, allow the applications. The District Magistrate, Faisalabad is directed to withdraw the complaint and challan case from the Court of Kanwar Azmat Ali Khan and entrust to the Court of competent jurisdiction for trial and early disposal.

H.A.K. Cases transferred.

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