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Criminal Miscellaneous No. 10‑T of 1986, decided on 9th April, 1986.
‑‑‑S. 526‑‑Transfer of case‑‑Comments of Trial Court showing prejudice against accused--‑Case transferred in the interest of justice to another Court of competent jurisdiction.
Hassan Mahmood Sial for Petitioner.
Tassaddaq Hussain Jilani, A.A.‑G. for the State.
This is an application for the transfer of case F.I.R. No. 332, dated 27‑12‑1984 of Police Station Mian Channu, under section 302, P.P.C. pending decision before Malik Zulfiqar Ali, Additional Sessions Judge, Khanewal, to some other Court of competent jurisdiction. On the examination of the parawise comments of the learned Additional Sessions Judge, I find that in para. No. 6, he stated:‑
"The alleged inferences and the apprehensions are figment and may kindly be discouraged in the interest of justice so that A Sessions trials are not made a play thing at the whims of irresponsible litigants."
which shows that his mind has become prejudiced against the accused because of the transfer application filed against him, and as such, it would be in the interest of justice that the case is transferred from his Court to some other Court of competent jurisdiction. The case is, therefore, transferred from his Court to the Court of learned Sessions Judge, Khanewal, who shall conclude the proceedings within two month under intimation to the Additional Registrar of this Bench.
S. A. Appeal accepted.
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