Law:

Section:

Criminal Procedure Code (V of 1898) -------S. 526 Transfer of criminal cases Transfer of case sought on ground of trial Judge having not recorded statements of witnesses according to what they stated High Court's observations that such aspect of case could be brought to notice of trial Court at conclusion of evidence and if necessary could be verified by re examining witnesses, held, proper finding, due to petitioner's right to bring his grievance to notice of trial Judge having been recognised Impugned order of High Court being neither arbitrary nor unreasonable, order in question, held further, calls for no interference. ORDER G. SAFDAR SHAH, J. This leave petition which is directed against the order of a learned Single Judge of the Lahore High Court, dated 6 11 78 arises in the following circumstances. ' On 11 10 75 the petitioner herein lodged at the Tamman Police Station, District Attock, F. I. R. No. 49 against respondents Nos. 2 and 3 accusing them for the murder of his brother Nisar, a young boy of about 18 years of age. The case of the prosecution in the trial Court is that the deceased Nisar had left his house on 9 6 75 in the company of Muzaffar Khan respondent, with a view to purchasing Tara Mira grain ; that ever since then, however, Nisar remained incommunicado with his family ; that on 10 10 75 P. W. Ghulam Muhammad discovered a human skeleton lying in a Khud in the outskirts of the village, of which he informed the Lambardar of the village accordingly ; that on receipt of the said information the Lambardar along with the petitioner and his paternal aunt proceeded to the spot and on arrival there, saw the said human skeleton ; that thereafter they proceeded to the police station and conveyed the said information to the police who went to the spot and took the said human skeleton into possession ; after having got the said human skeleton medically examined the same was found to be of deceased Nisar with the result that the petitioner lodged F. I. R. of the occurrence at the Police Station, Tamman on 11 10 75 against the respondents. During the course of the investigation of the case Muzaffar Khan respondent is said to have produced a fountain pen…

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