Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: KHUDA BAKHSH VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Mukhtar Ahmed Junejo, Zia Mahmood Mirza Title: KHUDA BAKHSH vs The STATE Case No.: Criminal Petition No.67-L of 1994 Date of Judgment:1995-03-01 Reported As: 1997 SCMR 1383 Result: Leave refused
JUDGMENT
JUDGMENT ZIA MAHMOOD MIRZA, J.---This is a petition for leave to appeal against an order of the Lahore High Court, Bahawalpur Bench, dated 29-1-1994 dismissing the petitioner's application under section 526, Cr.P.C. For transfer of the case titled "State v. Khuda Bukhsh" from the Court of Muhammad Munir Waran, Judicial Magistrate, Bahawalpur. 2. It was alleged by the petitioner in the transfer application that the complainant of the case was related to the trial Magistrate whose behaviour did not inspire confidence in the mind of the petitioner. He, therefore, apprehended that the Magistrate was not likely to decide the case fairly and impartially. Learned Judge in the High Court was not persuaded to accept the allegations made by the petitioner as, in his view, "The allegations in this application, have been levelled in a usual manner. No affidavit of the learned lawyer who has been conducting the case of the applicant before the Judicial Magistrate, has been attached with this application". 3. We have heard the learned counsel for the petitioner. He states that the petitioner met him last in June, 1994 and thereafter there has been no contact between them. He is, therefore, not in a position to state whether the case against the petitioner has since been decided or is still pending or even the Magistrate may have been transferred. Even on merits, we find no infirmity in the impugned order. The learned Judge of the High Court has refused to exercise his discretion for good reasons. No case is. Therefore, made out for interference by this Court. This petition is accordingly dismissed and the leave sought is refused.