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Criminal Transfer Application No.33 of 1982, decided on 19th October, 1982.

---S. 526--Transfer of criminal case on ground that Magistrate asked accused to compromise case with complainant--Magistrate denying allegation and there being no evidence aliunde to substantiate same, allegation, held, was unfounded--Magistrate or Judicial Officer, held further, quite often do tell parties that case being compoundable they should try to compromise same and no inference of bias could be deducible from such conduct--No extraneous reasons existed for Magistrate for having stated so--Transfer application dismissed in limine.

Allah Obhayo and others v. The State P L D 1976 Kar. 260 ref.

Faizan-ul-Haq for Applicants.

This transfer application has been made by Shahzada Mian and two others, who are standing trial in the Court of Additional City Magistrate No. VII (South), Karachi, on a charge under section 325, Cr.P.C. I am informed by Mr. Faizan-ul-Eiaq that this case, which relates to an incident that had occurred in 1978, has nearly concluded.

The allegations are that the Magistrate on 22-7-1982, had asked the accused to compromise the case with the complainant, and used the following words:-

"RAZINAMA KUEN NAHIN HOTA. TUM MULZIM HO. TUM JAKE USKA PAIR PAKRO, HATH JORO, MAFI MANGO AUR KHUSHAMAD KARO. VOH RAZINAMA KUEN KARE. AGAR 9-8-1982 KO BAGAIR RAZINAMA KE AYE TO MAIN KUCHH NAHIN SUNUNGA AUR TUMKO DO SAL KE LIA JAIL BHEJDUNGA, KUENKE GAVAH SAB HO CHUKE HAIN, CASE PUCCA HAI, SABIT HO GAYA HAI."

An earlier application was made before the learned Sessions Judge, Karachi, who had called for the remarks of the Magistrate. The Magistrate had denied the allegations, and on the basis of such reasoning, that the allegations were not proved, the application was dismissed lox' the Sessions Judge.

The contentions of Mr. Faizanul. Haq are the same as were raised before the Sessions Judge. Allegations have been made that the learned Magistrate had persuaded the applicant/accused to compromise the case. In the supporting affidavit filed to the application, such allegations have not been reproduced, or, specifically made. In an case the Magistrate, having denied the allegations, and there being no evidence aliunde to substantiate the allegations made. I am of the view that the allegations are unfounded. On the other hand, the tenor of the text reproduced (if at all it should be believed) does not per se indicate prejudice of the Magistrate. Quite often the Magistrate, or judicial Officers do tell the parties that the case being compoundable, they should attempt to compromise the same. Inference of bias is not necessarily deducible from such conduct. In any case, there is no allegation that, for any extraneous reasons, the Magistrate had so stated.

The learned Advocate has relied on the case of Allah Obhayo and others v. The State reported in P L D 1976 Kar. 260. The facts of that case were entirely different, and that case is of very little assistance it the present context.

This application is, dismissed in limine.

M . Y .H . Application dismissed.

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