Law: Criminal Procedure Code (V of 1898)

Section: 526(8)

Criminal Procedure Code (V of 1898)------   ------S. 526(8)-Adjournment obtained for making transfer application to High Court-No orders received from High Court by adjourned date-Magistrate relying on para. 11, Ck. 26 (A), Vol. III, High Court Rules and Orders (1958 Ed.) proceeding further with case and discharging accused-Magistrate not guilty of contempt of High Court- (Atten tion of lower Courts drawn to correction slip issued on 31-3-1945 enjoining Magistrate not to proceed with case till receipt of orders from High Court)-Contempt of Courts Act (XII of 1926), Ss. 2 & 3-High Court Rules and Orders (Lahore), Vol. III, Ch. 26(A), para. 11.   Date of hearing: 13th April 1964.     JUDGMENT   This is a petition by a complainant in a criminal case praying that action be taken for contempt of Court against Ch. Muhammad Yusaf, the then Resident Magistrate at Depalpur, for proceeding with a case and discharging the accused although the petitioner had moved a transfer application in the High Court under section 526 (8) of the Criminal Procedure Code, intimation of which had been given to the learned Magistrate on the 18th of March 1963. The petitioner had earlier intimated his intention to move the transfer application on the 2nd of March 1963, on which date the learned Magistrate had adjourned the case to the 18th of March 1963. The transfer application was filed .in the High Court on the 16th of March 1963 and it came up before me on the 19th of March 1963 on which date I called for a report from the trial Court. The report was put up before me on the 15th of April 1963, and I observed that the transfer application had become infructuous as the accused persons had been discharged in the meantime.   It is contended by Mr. Afzal Haider, the learned counsel for the petitioner Abdul Sattar, that under the provisions of subsection (8) of section 526 of the Criminal Procedure Code, read with paragraph 11 of Chapter 26 (A) of Volume III of the High Court Rules and Orders, the trial Court was under a statutory obligation to stay the proceedings until such time as orders of the High Court were received in the transfer application, and,…