Muhammad Waqar alias Fauji vs State S — 2024 MLD 1015 LAHORE-HIGH-COURT-LAHORE

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Muhammad Waqar alias Fauji VS State S. 526---Transfer application---Petitioner through application under S. 526, Cr.P.C., sought transfer of case from one Court to other Court at Headquarter---In the present case, on 12.10.2022, the police produced the petitioner before the Magistrate in custody while other accused appeared on his own because he was on bail---Magistrate observed that the case was exclusively triable by the Court of Session and mechanically forwarded it to the Sessions Judge, for "appropriate orders"---As per Letter No. 7886/RHC/MIT dated 25.5.1999, Magistrate was obligated to ask the accused whether they preferred that their trial be held at the District Headquarters or the Sub-Division when they appeared before him---Magistrate was required to document the fact that he had provided such an option to the accused---Nothing on the record indicated that Magistrate gave the petitioner and his co-accused that choice---File was placed before the Sessions Judge on 17.10.2022---However, it did not appear from the record that the petitioner or his co-accused attended the Court of Sessions Judge---Sessions Judge unilaterally entrusted the case to Additional Sessions Judge, who fixed 20.10.2022 as the hearing date before him---On the said date, said Additional Sessions Judge was on leave and Duty Judge took up the case and issued a summons to co-accused persons---Petitioner was produced before Duty Judge in custody and the Duty Judge also did not inquire whether he wanted the trial to be held at the District Headquarter or the Sub-Division---Letter No. 7886/RHC/ MIT dated 25.5.1999 had given the accused a valuable right to choose the place of trial which could not be denied to him---Petition was allowed and case was transferred to the Sessions Judge.

Muhammad Waqar alias Fauji vs State S — 2024 MLD 1015 LAHORE-HIGH-COURT-LAHORE

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