Law:

Section:

Criminal Procedure Code (V of 1898)--------- ----------S. 526---------Transfer of case---------Grounds---------Exercise of discretion by court---------Scope---------Remedy for adverse orders---------Merely because adverse judicial order had been passed against accused persons would not solely be sufficient ground justifying transfer of case from one court to another court---------If accused person had any grievance against the adverse orders, they had remedy to challenge same before the higher forum---------While exercising discretion to transfer a case a balance had to be struck in order to ensure that the cases were not transferred merely on the basis of supposition, unfounded and conjectured apprehensions---------Merely apprehensions without tangible evidence would not be sufficient for transfer of a case. THIS ORDER PASSED BY: MUHAMMAD GHAZANFAR KHAN JUSTICE:------------ The instant transfer application has been filed by the petitioner for the transfer of Sessions Case from the Court of learned Sessions Judge, Tank to the Court of learned Additional Sessions Judge, Tank for disposal. 2. Arguments heard and available record perused. 3. The record appended with the petition reveals that criminal case registered against the petitioners is pending adjudication before the learned Sessions Judge, Tank and the petitioners seek its withdrawal from the diary of learned trial Court and transfer to any other Court on the ground that the petitioners have lost confidence over the learned trial Court, because the learned trial Court angry upon the present petitioners and biased due to complaint made by them. Moreover, no ground agitated by the petitioners for transfer of case. Merely, because adverse judicial order has been passed against the petitioners would not solely be sufficient ground, justifying transfer of case from learned trial Court. If the petitioners have any grievance against the adverse order, they have remedy to challenge it before…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492