Law: Criminal Procedure Code (V of 1898)

Section: 526

  (a) Criminal Procedure Code (V of 1898)  S. 526-Transfer of criminal cases-Contention that Magistrate by imposing fine on P. W. in violation of procedure under S. 195. Cr. P. C. gave genuine cause of apprehension in mind of complainant that a fair enquiry was not possible before committal Magistrate- Magistrate, however, found to have acted without an awareness of prescribed procedure for imposing penalty under S. 174, P. P. C.--Disobedience of statutory provision, held, cannot be made a ground for transfer of case-Remedy, held further, lay in revision or appeal and not in transfer. Muhammad Ashraf v. Zafar Mahmood etc. P L D 1967 Lah. 1129 rel. (b) Criminal Procedure Code (V of 1898)  S. 526-Transfer of criminal cases-Committal Magistrate allegedly failing to record evidence correctly in regard to relationship of wit nesses with accused-Petitioner, however, making no protest against mis-recording of evidence before such Magistrate-Transfer declined is circumstance.                                                                                                                               ORDER The main application, i.e., Cr. Misc. No. 314/T 73, has been filed for transfer from the Court of Mr. Jam Jan Muhammad Magistrate Section 30, Khanewal, of a case under section 302/34, P. P. C. In which the petitioner is the complainant and the three respondents are the accused persons. It is urged that the petitioner apprehends denial of justice for the following reasons:- (i) That the learned Magistrate who had allowed interim bail to the accused respondent Muhammad Mushtaq on 19th May 1973 valid only up to 26th June 1973 had not cancelled it until 6th July 1973; (ii) that the learned Magistrate had illegally imposed a fine of Rs. 50 on P. W. Sharif for non-appearance; and (iii) that he had not recorded the evidence correctly in regard to the…