Law:

Section:

Criminal Procedure Code (V -of 1898), S. 526-Transfer of Criminal cases-Right to move High Court under S. 526-Indepen­dent right not controlled by any condition other than those mentioned in section itself-Person seeking transfer not obliged to move Sessions Judge or District Magistrate in first instance. The right to move the High Court given by section 526, Cr. P. C. is an independent right which is not controlled by any condition other than those mentioned in the section itself, namely, that lie should furnish a bond in proof of his bona fides before the trial Court or the enquiry Court as the case. The enquiry Court or the trial Court would, in such a circumstance, be bound to grant the adjournment prayed for; but if the application is not made to the High Court as intimated the party would be liable to forfeit his bond. This is the penalty provided in the Statute itself for not making the proposed application in the High Court. ;This seems to indicate that once such an intimation has been given to the trial Court or the enquiry Court and the bond has been furnished, it becomes incumbent upon the party giving such an intimation to move the High Court and to have his matter decided by the High Court on merits. In re : P. D. Shamdasani's case A I R 1930 Bom. 480; In re: Fonseca's case 6 Bom. L R 480 and Ghulam Nabi v. Jamala A I R 1923 Lah. 685 ref. Ch. Abdur Rahman Cheema, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioner. Dilaivar Mahmood, Additional Advocate-General Punjab (Iftikharul Haq Khan, Advocate Supreme Court with him) instructed by Wajid Hussain, Advocate-on-Record for Respondents Date of hearing : 7th October 1971. JUDGMENT HAMOODUR RAHMAN, C. J.-This petition was filed to call in question an order of a learned Single Judge of the High Court of Lahore dismissing an application under section 526 of the Criminal Procedure Code for the following reason : "The petitioner is directed to move the District Magistrate under section 528, Cr. P. C. in the first instance and allowing him a fortnight for the purpose Stay the proceedings till 22nd July 1971, by which date he may if so advised seek further orders from him…

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