Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 526---Penal Code (XLV of 1860), Ss. 302/148/149/114--- Qatl-e-amd---Transfer of case---Application for---Complainant/applicant sought withdrawal of case from the court which was trying the case and to transfer to any other court---Applicant had stated that attitude of trial Judge towards him was very harsh and favourable to accused persons; that Trial Judge was compelling the applicant to compound the offence with accused, failing which he would acquit accused from all the charges and that accused was publicly expressing the said opinion of the Trial Judge and that in such circumstances the applicant had lost confidence in the Judge who was presiding over the court---Upon a report being sought, Trial Judge reported that all the allegations raised in the application were false, frivolous, baseless and concocted; and that the transfer of the case on such ground was uncalled for---According to the report said allegations had been raised by the applicant, when the entire evidence of the prosecution had been completed---Case was at terminal stage, application in such circumstances, had been filed so that accused continued to suffer unnecessarily---Court, while deciding application for transfer, must consider that no injustice was caused to anyone---In the present case it was clear that application had been moved to delay the matter and that the allegations raised had no substance---Transfer of a case from one court to another court could not be claimed as a matter of right or could not be granted as a matter of routine; and that court before whom application for transfer was moved, had to see whether the mistrust which was shown by the applicant was genuine or otherwise---Application for transfer was dismissed in circumstances. ORDER SALMAN HAMID, J.---Through this application, the applicant has sought withdrawal of sessions case No.458 of 2008 State v. Namdar and others from the Court of 1st Additional Sessions Judge, Jacobabad and its transfer to any other Court at Jacobabad inasmuch as that according to the applicant attitude of the learned" trial Judge towards applicant was very harsh and favourable to the accused…

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