Law: Criminal Procedure Code (V of 1898)

Section: S. 526(2) & (d)

Criminal Procedure Code (V of 1898), S. 526(2) & (d) --Four out of eight prosecution witnesses belonging to places other than that where case is sought to be transferred-Ground of con venience, not tenable-Numerous adjournments freely given to complainant, a high Government official-Accused's apprehension that he will not get fair trial, held, reasonable-Case transferred from Court of A. D. M. to that of D. M.   Criminal Revision No. 393 of 1960 ref. JUDGMENT   This is an application for transferring the case pending against the applicant under section 500, P. P. C. before the Additional District Magistrate, Hyderabad. The grounds are   That there have been about 15 hearings of the case, and that on most of thesehearings the complainant remained absent and the case has been adjourned.   That it would be convenient for the parties and the witnesses if the case was transferred to Karachi. It is urged that out of 8 witnesses named in the complaint 4 come from Karachi and 3 come from Hyderabad and one comes from Mirpurkhas. The applicant also says that in case charge is framed against him his defence witnesses will come from Karachi.   That undue favour was being given to the complainant in view of his status e.g., the case was adjourned from 1-4-61 due to the absence of the complainant to 1-5-61 but on 12-4-61 the complainant wrote that he would not come and the case was post-dated to 3-7-61. Again the complainant wrote a letter that he would not able to be present on 3-7-61, the Magistrate on 18-5-61 adjourned the case without intimation to the accused to 14-7-61. The case was again adjourned before the hearing on 14-7.61 to 18-9-61 at the request of the complainant.   So far as the question of convenience is concerned, the matter, in my opinion isclosed by order dated…