| Citation(s) |
|---|
| 2026 SLG 3759 = 2026 SLD 3759 = 2026 LHC 4800 |
Lahore High Court
Writ Petition No.41376 of 2026
Presented By: Farooq Haider Judge
Main Petition and C.M. No.01/2026 20.07.2026 Malik Muhammad Shehzad Awan, Advocate for the petitioner in main petition as well as for the applicant in C.M. No.01/2026. Mr. Mudassar Naveed Chatha, Additional Advocate General, Punjab and Mr. Nisar Ahmad Virk, District Public Prosecutor for the State/ respondent No.4 along with Asif, S.I. Ch. Arshad Iqbal, Advocate for respondent No.2. Nemo for respondent No.3. Main Petition
Writ Petition No.41376 of 2026
Presented By: Farooq Haider Judge
Main Petition and C.M. No.01/2026 20.07.2026 Malik Muhammad Shehzad Awan, Advocate for the petitioner in main petition as well as for the applicant in C.M. No.01/2026. Mr. Mudassar Naveed Chatha, Additional Advocate General, Punjab and Mr. Nisar Ahmad Virk, District Public Prosecutor for the State/ respondent No.4 along with Asif, S.I. Ch. Arshad Iqbal, Advocate for respondent No.2. Nemo for respondent No.3. Main Petition
Faisal Manzoor
VS
Sessions Judge, etc.
Law: Code of Criminal Procedure, 1898
Section: 22-A(6),25 ,173,526 ,528,6
Law: Pakistan Penal Code, 1860
Section: 19,20
Case Summary Case: Faisal Manzoor v. Sessions Judge, Okara & Others Court: Lahore High Court, Lahore Writ Petition No. 41376 of 2026 Judge: Justice Farooq Haider Decision Date: 20.07.2026 Facts The petitioner, Faisal Manzoor, challenged the order dated 29.06.2026 passed by the Sessions Judge, Okara, whereby: Six applications under Section 22-A(6) Cr.P.C. pending before an Additional Sessions Judge/Ex-Officio Justice of the Peace were transferred to another Ex-Officio Justice of the Peace. Two pre-arrest bail applications were also transferred to another Additional Sessions Judge. The transfer application had been filed by respondent Shahid Manzoor, who alleged that the petitioner, a local advocate, was threatening and harassing him and had assaulted him in connection with several criminal cases. Issues Whether a Sessions Judge has jurisdiction to transfer proceedings under Section 22-A(6) Cr.P.C. from one Ex-Officio Justice of the Peace to another. Whether the Sessions Judge can transfer pre-arrest bail applications under the Cr.P.C. Held The Lahore High Court held that: An Ex-Officio Justice of the Peace is not a "Court" within the meaning of the Code of Criminal Procedure or the Pakistan Penal Code. Consequently, Sections 526 and 528 Cr.P.C., which relate to transfer of proceedings between courts, cannot be invoked to transfer applications under Section 22-A(6) Cr.P.C. Therefore, the Sessions Judge acted without jurisdiction in transferring the Section 22-A applications, and that part of the impugned order was set aside. However, the Sessions Judge does possess authority under Section 528 Cr.P.C. to transfer pre-arrest bail applications between courts. Considering the allegations of threats, harassment, and multiple criminal cases between the parties, the transfer of the pre-arrest bail applications was held to be lawful and necessary for the fair administration of justice. Decision Petition Allowed in Part. Transfer of Section 22-A(6) Cr.P.C. applications was declared illegal and set aside. Transfer of pre-arrest bail applications was upheld. Miscellaneous application was disposed of as infructuous. Relevant Laws & Sections…