1993 P Cr (PLP)

S. 526

Penal Code (XLV of 1860), S.324/34

Transfer of case-- Complainant had not given the date, time or other information about any incident leading to the inference that Trial Court had some bias in its mind

Perceived apprehensions were never good grounds for the transfer of a criminal case

Transfer application was dismissed in circumstances. Ata Ullah Mirza for Petitioner. This is a petition under section 526, Cr.P.C. for the transfer of a complaint case titled as "Muhammad Malik v. Muhammad Farooq etc.", under section 324/34, P.P.C. from the Court of Senior Civil Judge/ Magistrate Section 30, Toba Tek Singh to some other Court of competent jurisdiction.

2. The brief facts relevant for the disposal of this petition are that the petitioner instituted a private complaint under section 324/34, P.P.C. against respondents Nos.l and 2 in the Court of learned Magistrate, Gojra, District Toba Tek Singh on 8-4-1992: Later on, this case was transferred to the file of learned Senior Civil Judge/Judicial Magistrate, Toba Tek Singh where at present, the same is pending.

3. The petitioner seeks transfer of this case on the ground that he has lost faith for the impartiality of the Court due to certain observations made by the Court during the course of proceedings. The second ground for transfer, is that the respondents are influential persons and the petitioner fears that he may not be able to get a fair trial at the hands of the learned trial Court and has invoked the applicability of the principle of law that justice should not only be done but should be seemed to be done.

4. I have heard the learned counsel at length in support of the grounds mentioned above.

5. I find, nowhere, the learned counsel has given any time and date of the incident which has created this apprehension in the mind of the petitioner that he will not get a fair trial at the hands of the learned trial Magistrate. The law requires that a case' should be transferred if there are reasonable apprehensions in the mind of the litigant that he is not going to get a fair trial at the hands of the learned trial Court, the word "reasonable' denotes that the material should be of such a character which would satisfy the objective test that a person after going through that material must come to the conclusion that the apprehensions are well-founded.

6. In the present case, as the petitioner has not given the date, time or other information which could lead to this inference that there is some bias in the mind of the learned Judge, the perceived apprehensions are never good grounds for the transfer of a criminal case.

7. For the foregoing reasons, there is no force in this petition, which is dismissed in limine. N.H.Q./M-940/L Petition dismissed.