Law: Criminal Procedure Code (V of 1898)

Section: 556, 487(2), 528(3)

(a) Criminal Procedure Code (V of 1898) S. 556 read with S. 487(2)-Commitment proceeding-Mere recording of statements of recovery witnesses under S. 164, Cr. P. C. Does not - debar Magistrate from holding commitment enquiry. Bhola Ram and others v. Emperor 135 1 C 675 and Azad J & K Government v. Attaullah Khan, I' L D 1952 Azad J & K 28 ref. (b) Criminal Procedure Code (V of 1898) S: 528(5)-Transfer of criminal cases-Case never made over to Court by Additional Deputy Commissioner for purposes of enquiry--A. D. C., held, not competent to recall or refer case for enquiry to any other Magistrate in circumstance. (c) Criminal Procedure Code (V of 1898) S. 528(.3)-..Transfer of criminal cases-Commitment proceeding-Court ordering transfer-To record ii: writing reasons for making order. (d) Criminal Procedure Code (V of 1898) S. 528(5)-Transfer of criminal cases-State only interested party in murder case Contention that transfer order made without notice to complainant- Held : not tenable. (e) Criminal Procedure Code (V of 1898) S. 528-Transfer of criminal cases-Commitment proceeding--Both sides pressing for entrustment of commitment inquiry to. Magistrates of their own choice-District Magistrate in circumstances, directed to "entrust case to any other Magistrate. Date of hearing : 22nd April 1971.   JUDGMENT Muhammad Anwar (20) was murdered on the 19th June 1970. at 5-00 p.m. in the Main Bazar of Campbellpur. Mahbub Elahi Bakhshish Elahi and Inayat Elahi have been accused of the murder. Ordinarily, this case should have been put in the Court of Mr. Muzaffar Hussain Kazmi: Ilaqa Magistrate, for commitment proceedings. Before submitting the case in that Court, the Police submitted the case to the A. D. C. (G), pointing out that Mr. Muzaffar Hussain Kazmi had recorded the statements of two witnesses under section 164, Cr. P: C., and requested that therefore, this case be entrusted to Mr. Muzaffar Hussain Zaidi, Magistrate Ist Class, for commitment proceedings;... 4,n_ the 10th July 1970, the A. D. C. (G) entrusted the case to Mr. Muzaffar Hussain Zaidi, Said Akbar, father; : of. Muhammad Anwar deceased, filed the present` Revision Petition No. 780…