Transfer of criminal cases under section 526/527/528 crpc

Transfer of criminal cases under section 525/527/528crpc
Principle governing transfer application. The transfer of a criminal case from a competent jurisdiction is justified only if there is a reasonable apprehension in the mind of the party concerned that the Court would not be able to act fairly and impartially in the matter, it is of paramount importance that the parties arraigned before the Courts, should have confidence in their impartiality. It is one of the important duties of a High Court to create and maintain such confidence, and this can be done only ensuring that, so far as practicable, a party will not be forced to undergo a trial by a Judge or Magistrate whom he reasonably regards as being prejudiced against him. What is reasonable apprehension must be decided in each case with reference to the incident and the surrounding circumstance; and the Court must endeavour, as far as possible, to place himself in the position of the applicant seeking transfer and look at the matter from his point of view, having due regard to his state of mind and degree of intelligence possessed by him. Nonetheless it is not every incident regarded as unfavourable by the applicant which would justify the transfer of the cause. The test of reasonableness of the apprehension must be satisfied namely, that the apprehension must be such as a reasonable man might justifiably be expected to have. (Case transferred to High Court.) (SC) PLD 1973 SC 327 Muhammad Nawaz v. Ghulam Qadar.

Justice should not only be done but should be seen to have been done. Case transferred. PLD 1978 Lah. 235. Barkat Ali v. Bashir Ahmed.

While hearing transfer application judge to put himself in the shoes of the petitioner and then to see whether apprehension shown by the petitioner is genuine or not. PLJ 1990 Cr.C. (Kar.) 243. Mirza Mubarik Ahmed.

High Court to consider whether the apprehension may be expected to exist in person of standard of intelligence and honesty of class to which the party belongs and not whether apprehension is reasonable. Complainant's witnesses not heard after recording statement of the Complainant and Court fixed date for arguments. Apprehension the complainant that he will not get justice held sufficient for the transfer of the case. PLD 1962 Kar. 77 Sarwar Khan. AIR 1925 Lah. 101 Ahmed Din v. King Emperor (Reasonable apprehension what is?)

Bias. Real bias in the Judge is unnecessary. Circumstances justifying applicant in entertaining the apprehension are enough. AIR 1925 Lah. 361 Amar Singh v. Sadhu Singh. ILR 3 Lah. 443 Sardari Lal v. Emperor.

Words and actions of judicial officer though susceptible of explanation and traceable to superior sense of duty, when causing in the mind of the accused apprehension not foolish or unfounded that he may not have impartial trial, it is in the interest of justice to transfer the case. PLD 1979 Kar. 188 Ghulam Nabi.

Powers of High Courts to transfer case not controlled by Crown. Crown may not desire transfer but the case may be transferred in the interest of justice. First informant in a murder case had reason not to trust the police of the district. Case transferred. PLD 1955 Lah. 402 Crown v. Mian Hussain etc.

Party interested in section 526, Cr.P.C.  Complainant witness and persons lodging FIR could be interested party. The question is to be decided on the facts of each case. PLD 1975 Kar. 222 Pandhi.

First informant is an interested person and can move for transfer of the case. PLD 1962 Kar. 864 Muhammad Khan.

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