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MUHAMMAD SHARIF versus STATE


Criminal Code of Conduct (CCPC) Section 526 The Transfer of Procedure The Real / Prisoner Court allegedly made some observations Accused of several postponements, neither details of the inspection nor details of postponement were given, in Lyman. Request dismissed

1987 P C r. L J 270

[Lahore]

Before Rustam S. Sidhwa, J

MUHAMMAD SHARIF--Petitioner

versus

THE STATE--Respondent

Criminal Miscellaneous No.225-T of 1986, decided on 29th November, 1986.

Criminal Procedure Code (V of 1898)---

--S. 526--Transfer of proceedings--Genuine ' apprehension--Court allegedly making certain observations--Allegation of innumerable adjournments--No details of observation made nor details of adjournments granted given, petition dismissed in limine.

Shahid Hussain Qadri for Petitioner.

ORDER

This is a petition under section 526, Cr.P.C. for the transfer of the case titled Muhammad Sharif v. Berkha etc. from the Court of Mr. Ashiq Hussain Butt, Magistrate 1st Class, Ferozewala, to some other competent Court.

2. On behalf of the petitioner it is submitted that the trial Magistrate has been making certain observations which have raised genuine apprehension in the mind of the petitioner that he will not get impartial' justice. It is further submitted that the partiality and bias of the Court is also manifest from the fact that innumerable adjournments have been given to the accused and the case is being proceeded in a lax manner.

3. No details of the observations made nor of the adjournments granted have been given in this petition. This petition is dismissed in limine.

S. A. Petition dismissed in limine.

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