Mian ZAHEER ABBAS RABBANI vs State Ss — 2025 PLD 98 LAHORE-HIGH-COURT-LAHORE

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Mian ZAHEER ABBAS RABBANI VS State Ss. 17 (4), 193, 498, 526 & 528 (1-a)---Penal Code (XLV of 1860), S. 489-F---Transfer of pre-arrest bail application---Sessions Judge, powers of---Question was with regard to exercise of power by Sessions Judge under S. 193 read with S. 17(4), Cr.P.C. with respect to transfer of bail petition from one additional Sessions Judge to another in the same Sessions Division---Held, that, exercise of power by Sessions Judge under S. 193 read with S. 17(4), Cr.P.C. is administrative in nature---Such power is simple distribution of work---Provision of S. 528, Cr.P.C. appears under Chap. XLIV, Cr.P.C. dealing with transfer of criminal cases and itself is captioned as power of Sessions Judge to transfer cases and appeals from one criminal Court to another criminal Court at any time before trial of case or hearing of appeal has commenced before additional Sessions Judge---Power under S. 528, Cr.P.C. is to be exercised only if it is expedient for ends of justice and not for any other reasons---Thus, there is a statutory but administrative subordination in making over, recalling, withdrawing, and transferring cases, as far as additional Sessions Judge is concerned, to the Sessions Judge---Power of transfer does not always depend on superior jurisdiction---It can also confer power, as seen in S. 24 of Civil Procedure Code, 1908---Given the scheme provided under Criminal Procedure Code, 1898 conferring power on Sessions Judge to transfer a case/appeal pending before additional Sessions Judge, the decision in the case titled "Naveed Hussain v. The State and others" reported as PLD 2020 Lahore 382, was overruled by the High Court---Petitioner was free to move Sessions Judge under S.528, Cr.P.C. for withdrawing and transferring bail petition to another additional Sessions Court so that it could be heard and decided---Transfer application was disposed of accordingly. Citation Name: 2025 PLD 98 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mian ZAHEER ABBAS RABBANI VS State S. 528 (1-a)---Words "case" and "trial"---Distinction---Word "case" comprises various stages, i.e., the case at investigation stage, the case at inquiry stage, and the case at trial stage---Word "case" is not only trial but also other proceedings as well, e.g., physical as well as judicial remand of accused, order on application of Superdari (???????) of case property, application for bail and other allied matters. Citation Name: 2025 PLD 98 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mian ZAHEER ABBAS RABBANI VS State S. 17---High Court (Lahore) Rules and Orders, Vol. IV, Ch. 1, Part-1, General, Part-G---Position of Additional Sessions Judges---Subordination of Magistrates and Benches to Sessions Judge---Scope---Words "Court of Sessions," "Sessions Judge," "Additional Sessions Judge," and "Assistant Sessions Judge" have been used in Criminal Procedure Code, 1898 with the difference in their meanings---Court presided over by an Additional Sessions Judge is also a Court of Sessions---Powers of an Additional Sessions Judge are similar to those of Sessions Judge---Difference is that Sessions Judge presides over Sessions Court and is the person who can receive cases, appeals, revisions, and all other petitions under law whereas an Additional Sessions Judge cannot receive directly---Additional Sessions Judge can only hear cases entrusted to him by Sessions Judge---Additional Sessions Judge has no power under law to entrust cases to other Courts---Provision of S. 17(4), Cr.P.C. provides for an emergency in which whenever Sessions Judge is unavoidably absent or incapable of acting, he may make provision for disposal of any urgent application by an Additional or Assistant Sessions Judge, or if there be no Additional or Assistant Sessions Judge, by such Judge or Magistrate who has jurisdiction to deal with any such application---Except for such provision of law in Criminal Procedure Code, 1898, no provision makes Additional Sessions Judge subordinate to Sessions Judge.

Mian ZAHEER ABBAS RABBANI vs State Ss — 2025 PLD 98 LAHORE-HIGH-COURT-LAHORE

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