Case Summary & Legal Holding

This judicial decision was delivered by the SUPREME-COURT. The matter involves proceedings between SAEED AHMAD and THE STATEHonorable Justice MUHAMMAD YAQUB ALIHamid Ali Khan Sherwani,Nemo, officially reported as 1968 PCRLJ 220. The court reviewed applicable Pakistani statutes, procedural requirements, and governing case-law authorities. The full text below contains the complete facts, arguments, and legal reasoning rendered by the honorable bench.

Full Judgment Text & Judicial Ruling

1968 P Cr

1968 P Cr. L J 220

[Supreme Court)

Present: A. R. Cornelius, C. J. and Muhammad Yaqub Ali, J

MUHAMMAD ABDUL JALIL‑Petitioner

versus

THE STATE‑Respondent

Criminal Petition for Special Leave to Appeal No. 287 of 1967, decided on 8th December 1967.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 13th September 1967, in Cr, Misc. No, 2868 of 1967).

Criminal Procedure Code (V of 1898)-----

---S. 526‑Transfer of criminal cage from one Magistrate to another declined by High Court‑Leave to appeal sought against High Court's order‑Ques tions pertaining to transfer of criminal cases, held, must ordinarily be determined finally within jurisdiction of High Court‑Petition dismissed, however subject to observation that, in special circum stances of case, it would have been safer to transfer case to Court of another Magistrate‑‑‑ Constitution of Pakistan (1962), Art. 58(3).

Hamid Ali Khan Sherwani, Advocate Supreme Court instruct ed by Masood Akhtar Sheikh, Attorney for Petitioner.

Nemo for the State.

Date of hearing: 8th December 1967.

ORDER

MUHAMMAD YAQUB ALI, J.‑The petitioner seeks leave to appeal from the order of the High Court declining to transfer a criminal case pending against him in the Court of a local Magistrate.

Questions pertaining to transfer of criminal cases under section 526 of the Code of Criminal Procedure must ordinarily be, determined finally within the jurisdiction of the High Court. We, therefore, refuse leave to appeal though it may be observed usefully that so much prejudice must have been caused by the successive applications made by the petitioner for transfer of the case and the assertion by the Presiding Officer that some of his disgruntled relations have joined hands with the petitioner in putting forth the grounds on which transfer applications were based that it would have been safer to transfer the case to the Court of another Magistrate of competent jurisdiction.

Subject to what has been said above the petition is dismissed.

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