Law: Criminal Procedure Code (V of 1898)

Section: 526

(a) Criminal Procedure Code (V of 1898)--- ----S. 526---Transfer of case---Grounds---Strong and cogent reasons---Case to be transferred only in exceptional circumstances---Mere unsubstantiated allegations against the court---Effect---Accused sought transfer of his criminal appeal to any other court on the grounds that Appellate Court asked him. in open court to oblige the complainant by paying him the amount of Daman, or else his appeal would , be dismissed; that Appellate Court was under the influence of the complainant, who was an advocate---Validity---Said grounds were without force---Accused had not placed any material on record that might indicate that the Appellate Court had acted in a partial or biased manner in proceeding with the appeal---No material, procedural or other irregularity had been pointed out by the accused to show that the case was not being proceeded with in accordance with law---Allegations made by accused against the Appellate Court were mere allegations without any basis or cogent reasons---High Court observed that in case a transfer application containing allegations against the Presiding Judge was allowed, it would impliedly mean that such allegations against the Judge had been deemed to be correct; that such a situation would certainly lower the image, dignity anal honour of judiciary in the eyes of public at large; that because of such reason withdrawal or transfer of a case from the court proceeding therewith was allowed only in exceptional circumstances where the grounds urged in support of withdrawal or transfer were supported by strong cogent reasons and evidence; that if such practice was not followed strictly, the parties were likely to take undue advantage by filing applications for transfer of their cases on flimsy, frivolous and baseless grounds--- Application for transfer of case was dismissed in circumstances. Bakhtawar v. Muhammad Ali and 3 othei+s 1982 PCr.LJ 136 distinguished. (b) Criminal Procedure Code (V of 1898)--- ---S. 526---Transfer of case---Grounds---Strong and cogent reasons---Case should not be transferred from the court of competent jurisdiction unless allegations/grounds seeking transfer of the case were…

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