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Criminal Miscellaneous No.76-T of 1987, decided on 9th June, 1987.
---S.526--Penal Code (XLV of 1860), S.302/34--Criminal case, transfer of--Trial Court allegedly pressurising complainant to compromise case--Court denying allegations--Case transferred to other Court in view of principle that justice should not only be done but should also appear to have been done.
Syed Waheed-ur-Rehman Gillani for Petitioner.
Ch. Shahid Saeed for the State.
Abdur Rashid Tariq for Respondents Nos.l to 3.
Date of hearing: 9th June, 1987.
Muhammad Akram petitioner has moved this petition under section 526 Cr.P.C. for transfer of the case titled State v. Habib Khan etc. under section 302/34 PPC from the Court of Sh. Mumtaz Ali, Additional Sessions Judge, Kasur, to any other Court of competent jurisdiction. A reference by the learned Sessions Judge for the transfer of the same case has also been received. The Additional Sessions Judge had requested him to withdraw the case from his Court. Since the trial had commenced, the learned Sessions Judge has sent the record to this Court for appropriate orders. Both the matters are being disposed of by this order.
2. The grounds urged for the transfer of the case are that the trial Judge has been suggesting the complainant to have a compromise with the, respondents; on 22-3-1987 he pressurised the complainant to accept Rs.50,000 and have a patch up; on the next date, the respondents brought Rs.50,000 but the petitioner refused to accept the same; the respondents have been telling the people that they will be acquitted and the complainant has a genuine apprehension that the case will not be decided on merits. In the parawise comments the learned trial Judge has denied the allegations. However, in view of the principle that justice should not only be done but should also seem to have been done, the case is withdrawn from the Court o Mr. Mumtaz Ali, Additional Sessions Judge, and transferred to the file of learned Sessions Judge, Kasur, for disposal in accordance with law.
S.A./M-270/L Case transferred.
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