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Criminal Miscellaneous No. 33/T of 1986, decided on 20th October, 1986.
‑‑‑S. 526‑‑Transfer of complaint case‑‑Relationship of Presiding Officer with complainant party alleged in affidavit‑‑Presiding Officer denying relationship but requesting to transfer case due to apprehension expressed by accused‑‑Held, it was necessary in circumstances to transfer the case to some other Court without going on record and giving any adverse opinion against the Presiding Officer.
Muhammad Bashir Khan for Petitioner.
Altaf Ibrahim Qureshifor Respondent No. 2.
Tasaddaq Hussain Jilani, Addl. A.‑G for the State.
This is a petition under section 526, Cr.P.C. by Muhammad Anwar, petitioner, for the transfer of the complaint case titled Muhammad Rafiq v. Muhammad Anwar and others under section 307/326/148/149, P. P. C . pending in the Court of Ch. Muhammad Ali, Additional Sessions Judge, Khanewal, to some other Court.
2. The report and parawise comments to the transfer application have been received from the Presiding Officer. The same have been perused.
3. Arguments heard. It is admitted by the Presiding Officer that his wife is the sister of the wife of one Dr. Imdad Ali, but he does not admit the fact that the said Doctor Imdad Ali hails from Chak No. 99/15‑L, Tehsil Mian‑Channun, District Khanewal, or that Mst. Barkat Bibi, the mother of the said doctor, is the cousin of the wife of Tufail Muhammad son of Miran Bakhsh of Chak No. 108/15‑L, or that Muhammad Arshad and Asghar Ali are the sons of Muhammad Rafiq respondent and sons‑in‑law of the said Tufail Muhammad. The affidavit filed by the petitioner, however, supports the relationship denied by the Presiding Officer. Even otherwise, the Presiding Officer has made a request to this Court for the transfer of this case, in view of the apprehension expressed by the petitioner in his petition. Without going on the record as having given any adverse opinion against the Presiding Officer, I would only say, for the limited purposes of this transfer petition, that it is necessary in the interest of justice to transfer this case to some other Court.
4. For the foregoing reasons, this petition is accepted and the above‑referred complaint case titled Muhammad Rafiq v. Muhammad Anwar and others pending in the Court of Ch. Muhammad Ali, Additional Sessions Judge, Khanewal, is hereby transferred to the Court of the learned Sessions Judge, Khanewal, who shall hear and decide the same himself.
S. A. /M‑43/L Case transferred.
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