Law: Criminal Procedure Code (V of 1898)

Section: 528

Criminal Procedure Code (V of 1898)  S. 528-Transfer of criminal cases-Principle of natural justice Case transferred' to another Court without notice to, or hearing, opposite-party-Order set aside-Opposite party ordered to be afforded opportunity of being heard. Date of hearing: 19th November 1973.                                                                                                                          JUDGMENT Raja Muhammad Khan petitioner had instituted a complaint under section 145, Cr. P. C. against Ghulam Jilani, respondent in the Court of Assistant Commissioner (Magistrate) Kahuta in respect of their dispute about the possession of a shop who had directed its sealing on the report sought from the local police. 2. In the course of the proceedings that followed the respondent moved the District Magistrate, Rawalpindi under section 528, Cr. P. C. for its transfer to some other Court which was accepted and the case has since been entrusted to another Magistrate (Malik Lal Khan) who is posted at the headquarters vide his order dated the 10th of September 1973, the correctness of which bas been challenged under section 439, Cr. P. C, on the ground of absence of any notice to him. Reliance is placed on Ghulam Sarwar v. Muhammad Akhtar (P L D 1962 Lah. 437) wherein S. A. Mahmood J, (as he then was) after discussing the entire case law including Faridson's case (P L D 1961 S C 537) had held that although there was no provision in…