Law: Criminal Procedure Code (V of 1898)

Section: 526

  Criminal Procedure Code (V of 1898)----S. 526-Transfer of criminal case-Magistrate personally questioning prosecution witnesses during their examination and refusing to stay supple mentary proceedings under S. 107, Cr. P. C. against complainant even after receiving police report in favour of complainant-No ground for believing Magistrate hostile to prosecution-Application for transfer dismissed in limine.   ORDER   This application for the transfer of his case has been made by complainant Abdur Rahim from the Court of Syed Aftab Hussain, Additional City Magistrate, Karachi.   It is, first of all, contended by the learned counsel for the applicant, as given out inthis petition, that the learned Magistrate had asked him to compromise the case with the opponents and on his refusal to do so had given him threats of violence and abused him. In his report, the learned trial Magistrate does not admit these allegations. On the other hand, he has explained that at one stage of their trial the opponents had made a request for the adjournment of their case, saying that some talk regarding the compromise had been going on between the two parties and that later on he had been told that the attempts for compromise had actually failed. Beyond that, the learned trial Magistrate does not go. His report does not indicate that it was the applicant who had, at any stage, been asked by him to come to a compromise with the opponents. I see no reason to disbelieve his explanation as given out in his report.   It is further contended by the learned counsel for the applicant that the learned Magistrate had treated the witnesses produced by the applicant rather harshly by questioning them himself in course of their examination in his Court and thus frightened away his other witnesses. There is no indication in his report that the learned Magistrate had done anything…