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Criminal Miscellaneous Nos. 71/T and 72‑T of 1986, decided on 15th December, 1986.

‑‑‑S. 526‑‑Transfer of case at instance of parties‑‑Case, not to be transferred at whim of a party‑‑Application for transfer not disclosing any other ground except that a party wanted to get case transferred as it has no confidence in the trial Court‑‑Such application was dismissed.

Mian Bashir Ahmad Bhatti for Petitioners,

A.A.‑G. for the State.

Through Criminal Miscellaneous No. 72/T of 1986, Talib Hussain and three others, petitioners and through Criminal Miscellaneous No. 71/T of 1986, Muhammad Ramzan, petitioner, want the transfer of case titled State v. Muhammad Ramzan and others under section 302/148/149, P.P.C. (F.I.R. No. 165, P.S. Saddar, Muzaffargarh) from the Court of Haji Feroz ud‑Din, Additional Sessions Judge, Muzaffargarh to some other Court of competent jurisdiction. I propose to dispose of these two petitions through single order.

2. The only ground urged by the learned counsel, for the transfer of the case is that the learned Additional Sessions Judge had himself requested the learned Sessions Judge, Muzaffargarh for the transfer of the case from his Court and as such the learned Sessions Judge should have transferred the same. The learned A.A.‑ G. has opposed this application.

3. I have considered the submissions made by the learned counsel for the parties with care. I have not been able to persuade myself to agree with the learned counsel for the petitioners. I find that on 30‑11‑1986 the case was fixed for hearing before the learned Additional Sessions Judge; that four witnesses were in attendance; that the accused/petitioners moved application before the learned Additional Sessions Judge wherein they expressed no confidence in him and desired the transfer of the case from his Court. On this application, the learned Additional Sessions Judge passed following order:

"The accused have submitted an application wherein it has been alleged that they have no confidence in this Court and the case may be transferred to some other Court of competent jurisdiction. Therefore, the file be submitted before the learned Sessions Judge with the request that the same may be withdrawn from this Court as I do not want to hear this case when the accused have no confidence in this Court:'

When the matter was placed before the learned Sessions Judge, Muzaffargarh, he declined to transfer the case. I also feel that a case should not be transferred at the whim of a particular party. If the trial Courts are allowed to transfer the cases at the asking of a party arrayed before them this would set up an unhealthy precedent and would tantamount to conferring powers of transfer upon the parties. This would also defeat the purpose of section 526, Cr.P.C. Since the applications for the transfer of the case, do not disclose any other ground to warrant the transfer of the case, therefore, the applications are dismissed.

M.Y.H./T‑8/L Applications dismissed.

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