Law: Criminal Procedure Code (V of 1898)

Section: 526

Criminal Procedure Code (V of 1898)-------S. 526---Transfer application---Biasness on part of Trial Court---Petitioner through application under S. 526, Cr.P.C., sought transfer of case from one Court to another Court---Applicant had failed to establish the bias in judge because utterances of the other side that he would get favour from the Court did not constitute sufficient ground for transfer of the case from one Court to another---Contention of the applicant that the Trial Court was biased against him was not supported by any sort of evidence---In order to demonstrate bias against a judge, it must be established that some act or expression of a judge visible on the ground would adversely affect the case---Mere assumption and apprehension could not be entertained as tangible evidence; therefore, a bald statement could not be made the basis for the transfer of case and the case would not be transferred as a matter of routine or at the whims of the parties--Allegation levelled in the application, when examined, revealed that no substantial evidence had been attached/annexed along with the application for transfer of the case---Most of the allegations were of vague and evasive nature, having no substance---Merely an apprehension of not getting justice from the hands of the Court could not be a ground for the transfer of the case---Bias of a judge has to be proved through trustworthy evidence---Application was dismissed in limine.Date of hearing: 20th July, 2023.JUDGMENTROZI KHAN BARRECH, J.--- Through the instant transfer application, the applicants seek transfer of case FIR No. 01 of 2023 registered with Levies Station Mangochar from the court of learned Sessions Judge Kalat ("trial court") to any other competent court of law having jurisdiction largely on the ground of biasness of the learned presiding officer, seized with the trial of the subject case.2.    Succinctly facts of the case are that the complainant Meer Muhammad, son of Khan Muhammad, lodged the aforesaid FIR with Levies Station Mangocher under section 302 P.P.C.. After completion of the usual investigation, the challan was submitted before the trial…