Law: Pakistan Penal Code, 1860

Section: 147,148,220,34

Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979

Section: 17,3

Law: Criminal Procedure Code (V of 1898)

Section: 526

Criminal Procedure Code (V of 1898)--- ----S. 526---Penal Code (XLV of 1860), Ss.220/147/148/34---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)---Application for transfer of case---Applicant/complainant had alleged that accused, who was serving as Inspector in Excise Department, was found sitting in Chamber of Trial Judge---Applicant had apprehended that Trial Judge had been won over by accused party and had received illegal gratification for release of accused---Trial Judge in his comments, though had denied allegations levelled against him, but had stated that since complainant had lost confidence in him, the case could be withdrawn from his file and same could be transferred to some other Court--­Applicant/complainant had lost faith in Trial Court and allegation levelled against Trial Judge had not been controverted by accused by way of counter­-affidavit or comments---Case was ordered to be transferred to another Court in view of reasonable apprehension in mind of applicant/complainant that he would not get fair or impartial trial/justice. Muhammad Nawaz v. Ghulam Kadir, and 3 others PLD 1973 SC 327; Serjeant v. Dale (1877) 2 QBD 558 and Muhammad Arshad v. The State 1997 SCMR 949 ref. ORDER By this Criminal Transfer Application under section 526, Cr.P.C. the applicant A,khtiar Ali has sought transfer of Criminal Case No. 9 of 1999, Re: Akhtiar Ali v. Abdul Hakeem Mahar and others under section 17/3, Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with sections 147, 148, 220 and 34,' P.P.C. pending before learned Additional Sessions Judge-III, Khairpur. The brief facts of the case are that a direct complaint was tiled by the complainant. The trial Court after holding preliminary enquiry brought the matter on file and process was ordered against the respondents Nos.2 to 6. The trial Court proceeded with the case. It is alleged that respondent/accused Abdul Hakeem is serving as Inspector in Excise Department. He was found sitting in the Chamber of the learned trial Judge, therefore applicant apprehends that the trial Judge has been won over by the accused party and has received illegal gratification…

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