Law: Criminal Procedure Code (V of 1898)

Section: 526

(a) Criminal Procedure Code (V of 1898)--- ----S. 526---Transfer of case---Scope---Complainant sought transfer of case from one district to another on the ground that the accused was a landlord of the locality, who had support of ruling party, as such, he was continuously harassing and pressurizing him to withdraw the criminal case or to change the version---Scope---Complainant had not approached the concerned police with any complaint---No allegations were levelled against the Presiding Officer of the Trial Court---Apprehension that the complainant would not get a fair and just trial could not be considered for the simple reason that it had to be established through cogent material which factor was lacking in the case---Trial Court was directed to ensure safety of the complainant and his witnesses, at the time of hearing of the case, through all modes of security as provided under the law so that the witnesses could depose their testimony with ease, and that too, in a stress-free environment---Transfer application was dismissed. (b) Criminal Procedure Code (V of 1898)--- ----S. 526---Transfer of case---Scope---Any person who is aggrieved can file petition before the High Court under S. 526, Cr.P.C. if there appears reasonable apprehension of injustice being done due to the conduct of the courts subordinate to the High Court---Such grievances must be agitated before the High Court but should be supported by legal requirements of law. ORDER ADNAN-UL-KARIM MEMON, JUSTICE:---.--- Through this application, the applicant has prayed for transfer of Sessions Case No.253/2019 from the court of learned Additional Sessions Judge, Shahdadpur, to any other court of law. 2. In the present matter, the question arises whether this Court can order for transfer of Sessions Case No.253/2019 from one Court to another court under Section 526 Cr.P.C? 3. To answer the aforesaid proposition, it is well settled law that any person who is aggrieved can file a petition before this Court under Section 526, Cr.P.C. if there appears reasonable apprehension of injustice being done due to the conduct of the court subordinate to the High Court. The said grievances must be agitated before this…

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