Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 526---Application for transfer of case---Case was sought to be transferred to another District on the grounds that Trial Court, in a very harsh manner, granted bail to the accused persons who were notorious criminals and involved in dozens of the cases of robbery and dacoity and they were habitual robbers---Applicant was a poor person and belonged to hindu community, while accused issued threats when he had gone to court for evidence---Accused persons misused the concession of bail, threatened the complainant and his witnesses and interfered in the trial---Effect---Allegations made in the transfer application were vague and general in nature and such type of allegations could not be made the ground of transfer---Case was at initial stage---Parties were residents of the same district---No evidence was on record as to on which date and time and before whom, the accused persons had issued threats to the applicant---Vague and unfounded allegations against the Presiding Officer could not be made basis for transfer of case---Application was dismissed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 526---Application for transfer of case---High Court observed that while transferring the matter from one court to another, justice should not only be done but should appear to have been done---Presiding Officer was equally to be protected from frivolous transfer applications in order to achieve transparent even-handed justice so that litigants were not in a position to overpower the Presiding Officer, which could result tilting the scales of justice under fear and malignity---While exercising jurisdiction to transfer of case from sub-ordinate court, balance had to be struck in order to ensure that the cases were not transferred merely on the basis of suppositions, unfounded and conjectural apprehensions. Shah Jehan v. Special Judge Anti-Corruption and others 1992 PCr.LJ 1982 rel. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, JUSTICE:---.--- 1. Granted. 2. Overruled. 3. Exemption is granted subject to all just exceptions. 4. Through this criminal transfer application the applicant has prayed that this honourable…

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