Law:

Section:

(a) Criminal Procedure Code (V of 1898)----S. 526---Transfer of case---Principle---Party cannot claim the transfer of case as a matter of routine or at its wishes unless it is shown from the record that in the circumstances a free and fair trial is not apparent on the face of it. (b) Criminal Procedure Code (V of 1898)--- ----S. 526---Penal Code (XLV of 1860), S.302/34---Constitution of Pakistan (1973), Art.185(3)---Transfer of case---Although neither allegation of any bias had been made in the transfer application against the Presiding Officer of the Court nor it had been agitated specifically on behalf of the accused in the Court, yet the issuance of non-bailable warrants against the accused who was a practising Advocate though released under S.169, Cr.P.C. by police, had created an apprehension in his mind that he would not have a fair and free trial at the hands of the concerned Sessions Judge, K---Hostility was existing between the parties and blood fued was going on between them and the accused in circumstances could justifiably seek transfer of their case to any other neighbouring District on the apprehension of being killed on the way while going to the Court at K from P---Petitions for leave to appeal were consequently converted into appeals which were allowed and the case was transferred from the Court of Sessions Judge, K, to the Court of another Sessions Judge, at different place for disposal according to law which would be convenient to both the parties. Haji Khawar Saleem v. The State 2001 SCMR 905 ref. JUDGMENT ABDUL HAMEED DOGAR, J.---By this judgment we propose to dispose of Criminal Petition No.72-P/2001 and Criminal Petition No.73/P/2001 alongwith Criminal Miscellaneous Application No.39-P/2001 and Criminal Miscellaneous Application No.40-P/2001, as they arise out of the same impugned Order dated 24-9-2001 passed by learned Chief Justice of the Peshawar High Court, Peshawar, whereby the Transfer Applications Nos.42 and 44 of, 2001 filed by petitioners-Amir Atlas Khan and Eid Muhammad Khattak, were dismissed. The petitioners seek leave to appeal against the said Order. 2. The facts leading to the filing of these Petitions are that petitioner­…

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