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Mir Muhammad vs Naeemullah S — 2025 PCrLJ 974 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 PCrLJ 974 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
PCRLJ
Parties
Mir Muhammad vs Naeemullah S
Subject matter
Criminal
Provisions referred to
S. 526---T; S. 526

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mir Muhammad VS Naeemullah S. 526---Transfer application---Biasness on part of Trial Court---Petitioner through application under S. 526, Cr.P.C., sought transfer of case from one Court to another Court---Applicant had failed to establish the bias in judge because utterances of the other side that he would get favour from the Court did not constitute sufficient ground for transfer of the case from one Court to another---Contention of the applicant that the Trial Court was biased against him was not supported by any sort of evidence---In order to demonstrate bias against a judge, it must be established that some act or expression of a judge visible on the ground would adversely affect the case---Mere assumption and apprehension could not be entertained as tangible evidence; therefore, a bald statement could not be made the basis for the transfer of case and the case would not be transferred as a matter of routine or at the whims of the parties---Allegation levelled in the application, when examined, revealed that no substantial evidence had been attached/annexed along with the application for transfer of the case---Most of the allegations were of vague and evasive nature, having no substance---Merely an apprehension of not getting justice from the hands of the Court could not be a ground for the transfer of the case---Bias of a judge has to be proved through trustworthy evidence---Application was dismissed in limine.

Other judgments reported in 2025 PCRLJ

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