Law: Criminal Procedure Code (V of 1898)

Section: 526

  Criminal Procedure Code (V of 1898),   S. 526 Transfer of case-Grounds-Magistrate's conduct of case not inspiring confidence-Case taken by Provincial Government out of District which was the scene of offence, and set out for hearing in another District for no apparent reason--Convenience of parties Ends of justice requiring transfer-Powers of Provincial Govern ment to appoint special Magistrates and fix venue for trial to be exercised judiciously-Criminal Procedure Code (V of 1898), S. 526 (8)-Provision as to adjournment mandatory.   The petitioners based their application for transfer of their case on the following grounds :-   A Special Magistrate was appointed by name to hear the case at Mianwali whereasthe occurrence had taken place in the District of Peshawar, which resulted in inconvenience to parties, the Provincial Government not indicating what special advantage there was in holding the enquiry at Mianwali.   The Special Magistrate, soon after the challan was put in Court, issued straight waya non-liable warrant of arrest, ostensibly on his own initiative, against a person whose name was entered in column No. (2) of the challan 7.e. Whose case had not been forwarded by the Police for hearing due to lack of sufficient evidence and the Magis trate issued the warrant at a time when the record of the case was not before him and he had head no evidence.   On being intimated that a transfer application had been moved in the case in theHigh Court and that the enquiry should therefore be postponed, the Magistrate, instead of adjourning the enquiry adjourned the consideration of the application for adjournment of the enquiry to a future date.   The High Court transferred the case from Mianwali to Peshawar, observing:-   that the case had not been allowed to take its normal course in the Peshawar District ; the petitioners had been chased out of the former N.-W. F. Province and their case had been entrusted to a particular Magistrate by name, in regard to which the Provincial Government had not taken the public and the parties into confidence what particular facilities the soil of Mianwali was supposed to provide for…