Law: Criminal Procedure Code (V of 1898)

Section: 526

Criminal Procedure Code, 1898 (V of 1898)-- —S.526-Criminal case-Transfer of-Prayer for-Allegations made in application are not only vague and general in nature, but certain facts and circumstances have been deliberately suppressed by  pplicant and his counsel- According to learned counsel, he wanted to clarify some ambiguity which cropped up during cross-examination of a defence witness, which was neither allowed nor his objection was  ecorded by trial Court, and on his insistence, learned Trial Judge was infuriated-Only object of applicant and his counsel appears to be not to allow conclusion of trial-Held: Applicant has not approached Court  ith clean hands and on this ground alone, he is not entitled to any relief—Held further: Even otherwise, no ground is made out for transfer of case-Application dismissed.                                                         [Pp.409,410411]A,B,C,DE     JUDGMENT This transfer application under Section 526 Cr.P.C. is filed on behalf of applicant Shah Jehan S/o Muhammad Umar praying for the transfer of pending case (Special Case No.153/88) from the court of learned Special Judge Anti-Corruption Sukkur to any other Court of competent jurisdiction.The applicant is a Drug Inspector. He has been challaned in case FIR No.26/87 by the Anti-corruption Police. He is facing trial in the court of learned Special Judge Anticorruption, Sukkur for offences under Section 161 PPC read with Section 5(2) of Act II of 1947. All the prosecution witnesses have been examined and the case of the applicant was at defence stage. It is stated that during the cross-examination of one defence witness, namely, Mr. Khan Muhammad Jumani, an ambiguity had arisen and the defence counsel wanted to clarify the same in Re which was not allowed. On the insistence of defence counsel to record his objection, it is alleged the learned Judge became infuriated. It is further alleged that the entire case had proceeded in an atmosphere of humiliation and harassment due to serious temperamental…

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