MUHAMMAD BASHIR vs THE STATE
The petitioner, Muhammad Bashir, alongside another accused, was tried by a Magistrate under sections 379 and 411 of the Pakistan Penal Code 1860. During the trial, the petitioner filed an application under section 249-A of the Code of Criminal Procedure 1898, which remained undecided, and subsequently sought a transfer of his case before the Sessions Judge, which was dismissed. His subsequent criminal miscellaneous petition before the Lahore High Court was also dismissed. The core legal question before the Supreme Court was whether grounds existed for the transfer of the criminal case from the trial court. The Supreme Court held that no valid or sufficient ground for the transfer of the case was advanced by the petitioner. Consequently, the Court dismissed the petition and refused leave to appeal, affirming the lower court's stance.
- Whether sufficient grounds exist for the transfer of a criminal trial from one court to another?
- Can a criminal miscellaneous petition be maintained against the refusal to transfer a case?
- Section 379, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 249-A, Code of Criminal Procedure 1898
ORDER
1. USMAN ALI SHAH, J.--Muhammad Bashir petitioner alongwith one Muhammad Shafi were tried by the learned Magistrate Ist Class, Sheikhupura under section 379/411, P.P.C. During the trial the petitioner moved an application under section 249-A, Cr.P.C. On which no decision was given by the trial Magistrate. The petitioner then moved another application to the Sessions Judge for the transfer of his case to some Court which was dismissed. In the presence of the witnesses before the trial Magistrate, the petitioner submitted that he was going to take oath on the Holy Quran regarding his innocence in the said case but the Magistrate disclosed that he would accept the statements of P.Ws. Instead of the petitioner's oath on the Holy Qur'an. The petitioner then filed Cr.
2. Misc. No, 125 of 1989 before the Lahore High Court which was dismissed vide order dated 27-6-1989.
3. Hence this petition for leave to appeal by the petitioner.
4. After hearing the learned counsel for the petitioner in support of this petition we are satisfied that no good ground for the transfer of the case was advanced by him for the consideration of this Court. Therefore, we dismiss this petition and refuse leave to appeal.