Shafquat Hussain vs The State and another
This matter concerns a Criminal Transfer Application filed under Section 526 of the Code of Criminal Procedure 1898, seeking the transfer of summary proceedings related to FIR No. 222 of 2019, registered under Section 376 of the Pakistan Penal Code 1860, from the Court of the Consumer Protection Court/Judicial Magistrate, Khairpur. The applicant sought the transfer on the grounds of apprehended bias and a perceived hostile attitude from the presiding Magistrate, alleging a lack of hope for justice. The core legal question was whether sufficient grounds existed to justify the transfer of the case to another jurisdiction. The Court held that the applicant failed to produce any substantial material or evidence to substantiate the allegations of prejudice or bias against the Magistrate. Consequently, the Court dismissed the application for being devoid of merit. The principle laid down is that a transfer of proceedings under Section 526 of the Code of Criminal Procedure 1898 requires concrete, substantial evidence of bias or prejudice, and mere apprehension without supporting material is insufficient to warrant the transfer of a case.
- Is a mere allegation of a hostile attitude by a Magistrate sufficient ground to transfer a criminal case under Section 526 of the Code of Criminal Procedure 1898?
- What is the evidentiary threshold required to justify the transfer of a case due to alleged judicial bias?
- Section 526, Code of Criminal Procedure 1898
- Section 376, Pakistan Penal Code 1860
ORDER
1. AFTAB AHMED GORAR, J.----Mr. Nadeem Ahmed Malik Advocate files Vakalatnama on behalf of respondent No.2. He also files objections on behalf of said respondent, which are taken on record.
2. The applicant being complainant by way of instant Criminal Transfer Application under Section 526, Cr.P.C., has sought for transfer of summary proceedings, submitted by the 1.0., for disposal of case/FIR No.222 of 2019 registered at P.S, B-section, Khairpur under Section 376, P.P.C., under C-class, from the Court of learned Judge, Consumer Protection Court/Judicial Magistrate Khairpur to any other competent Court of law having jurisdiction mainly for the reason that the applicant has no hope of justice and fair disposal of the case, as attitude of learned Magistrate is hostile towards the applicant.
3. Learned Deputy P.G as well as learned counsel for respondent No.2 vehemently opposed the instant, transfer application on the ground that no substantial ground or material has been brought on record by the applicant/complainant to justify the transfer of the above summary case.
4. Heard learned counsel for the applicant, learned counsel for the respondent No.2 as well as learned Deputy P.G for the State. Admittedly , above summary report is pending before learned Magistrate for disposal in accordance with law. No substantial ground or material has been brought on record on the basis whereof, it could be said that the learned Magistrate is either prejudiced or biased against the applicant, which may justify the transfer of the summary case.
5. In view of the above discussion, this Cr1. Transfer Application being devoid of any merit stands dismissed.
6. Before parting with this order , it is necessary to give direction to the learned Judge, Consumer Protection Court/Judicial Magistrate, Khairpur to decide the summary report within a period of 15-days after providing an opportunity of hearing to both the parties, in accordance with law and compliance report be submitted to this Court through Additional Registrar .