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MUHAMMAD IQBAL versus FARID


Criminal Procedure Code (CR PC) Section 526 Transferring a Criminal Case Based on the transfer of a criminal case, it was stressed that the accused was a magistrate and the trial magistrate was affected by the fact that the accused was a magistrate, no. Decision in matters relating to transfer of magistrate from trial to trial

1986 P Cr. L J 906(1)

[Lahore]

Before A. Rehman, J

MUHAMMAD IQBAL‑‑Petitioner

Versus

FARID‑‑Respondent

Criminal Miscellaneous No. 8 of 1981, decided on 26th September, 1985.

Criminal Procedure Code (V of 1898)

‑‑‑S. 526‑‑Transfer of criminal case‑‑Transfer of criminal case pressed on ground that accused was employee of a Magistrate and trial Magistrate was being influenced by former‑‑Mere fact that accused happened to be employee of a Magistrate, held, no ground for transfer of case from trial Magistrate‑‑‑ Transfer decreed in circumstances.

M.R. Khalid for Petitioner.

Date of hearing: 16th September, 1985.

ORDER

Comments submitted by the learned trial Magistrate have been perused. Petitioner's allegation that the learned trial Magistrate is being influenced by his colleague Rai Muhammad Amin, Magistrate Section 30 in the trial of Farid respondent against whom the petitioner had got a case registered under section 14 of the Offences against Properties (Enforcement of Hudood) Order, 1979, has been denied by the learned trial Magistrate in his comments‑‑The mere fact that the respondent h8ppens to be an employee of a Magistrate is no ground to transfer his case from the Court of the learned trial Magistrate because if the petitioner's contention is accepted then there is no guarantee that the other trial Magistrate to whom the case might be transferred would not be approached by the accused's employer. The petition is accordingly dismissed.

S.G.D. Petition dismissed.

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