Law:

Section:

Criminal Procedure Code (V of 1898)----- ----S. 526---Penal Code (XLV of 1860), Ss.302/324/427/148/149--­Constitution of Pakistan (1973), Art.185(3)---Transfer of case ---Complainant toad neither alleged any bias against the Judge of the Trial Court nor had shown any ground of mistrust or lack of confidence. in him---Political rivalry between the parties and apprehension of lives of the complainant and his companions would hardly be a ground to transfer the case as it was the duty of the Government to maintain law and order---Direction of High Court of conducting the trial of the case inside the District Jail had minimized the said apprehension of the petitioner--­,eave to appeal was refused to the petitioner accordingly. ORDER ABDUL HAMEED DOGAR, J.---Petitioner seeks leave to appeal against the order dates 12-1-2004 passed by learned Judge in Chambers of the Peshawar High Court, Peshawar, whereby Criminal Transfer Application No.101 of 2003 regarding transfer of criminal case pending before the learned Additional Sessions Judge, Charsadda, to any other Court of competent jurisdiction at Peshawar, was dismissed. 2. The background leading to the filing of the instant petition is that petitioner Alamzeb lodged F.I.R. No.36, dated 2-2-2003 at Police Station Umarzai, District Charsadda, under sections 302/324/148/149/427, P.P.C against the respondents which case was pending in the Court of learned Additional Sessions Judge, Charsadda. The petitioner apprehending danger to his life and the lives of his witnesses and companions, moved for the transfer of case, through above mentioned criminal miscellaneous application. The main plea urged by him in the said application was that while pursuing the case before the learned trial Court at Charsadda, three occurrences had already taken place between the complainant and the accused party who had considerable influence among the masses of the area…

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