1987 P Cr (PLP)

Khan Muhammad Virk for Petitioner. Yusuf Ali Khan Bar‑at‑Law for the State. This is an application seeking transfer of the application with regard to the Superdari of buffaloes from the Court of Mr. Imtiaz Ahmad, Magistrate to another Court of competent jurisdiction.

2. The brief facts of the case are that C.I.A. Staff at Sheikhupura took two buffaloes into possession under section 550, Cr.P.C., as the same was suspected to be the stolen property. In the meanwhile Muhammad Sharif lodged an F.I.R. at Police Station Saddar, Sheikhupura alleging the theft of his cattle. It is pertinent to mention here that the buffaloes were taken from the possession of one Muhammad Rafiq. Muhammad Sharif made an application for handing over of the buffaloes on Superdari. Learned Magistrate after complying with the necessary formalities handed over the buffaloes to Muhammad Sharif on Superdari. In the meanwhile Muhammad Boota also stepped in, and prayed that the buffaloes be given to him on Superdari. The matter was agitated in this Court and this Court passed an order directing the petitioner to seek the redress of his grievance by having resort to the proper remedy as provided by law. The matter was pending when the conditions for Superdari were violated and the Superdari was cancelled on 11‑2‑1987.

3. Muhammad Sharif moved a transfer application before the learned Sessions Judge, Sheikhupura and the said application was dismissed on 17‑ 2‑ 1987. Thereafter, the present application was filed.

4. In support of this application the main ground urged is that on the relevant date and even now Mr. Imtiaz Ahmad, Magistrate ceases to be the Illaqa Magistrate for the Police Station Saddar, Sheikhupura and since he has transferred all other cases pertaining to the said police station to the Court of Mr. Muhammad Iqbal Bajwa, therefore, it was incumbent upon him to transfer the Superdari matter to the Court of Muhammad Iqbal Bajwa, Magistrate. Parawise comments and report from the trial Judge have been perused. According to the learned Magistrate he had kept the application due to certain orders passed by this Court. It has been further submitted that he still possesses the necessary jurisdiction to adjudicate the matter. The petitioner, Muhammad Sharif has expressed apprehensions that Muhammad Boota is on friendly terms with the said Magistrate. The allegations are baseless and have been denied by the learned Magistrate.

5. The crucial question is about the maintainability of this petition. Muhammad Sharif who has moved this transfer application, has no locus standi to invoke the jurisdiction of this Court under section 526, Cr.P.C., inasmuch as he ceased to be a Superdar on 11‑2‑1987 and if at all he was aggrieved, he ought to have challenged the aforesaid order or he should have filed a fresh application and his claim could have been heard and disposed of alongwith the claim of Muhammad Boota. In this view of the matter, I do not find any substance in this transfer application and the same is hereby dismissed. Learned Magistrate is directed to proceed with the matter expeditiously and to decide the case of Muhammad Sharif on merits as well, if he moves in this behalf. With these observations, this petition is dismissed. S.G.D./M‑90/L Petition dismissed.