An application has been moved for quashment of proceedings under section 145, Cr.P.C., pending in the Court of Mr. Munir Ahmed Khan, E.A.C.-IV, Mardan.
2. The facts relevant to the disposal of the application are that on the complaint of Fateh Muhammad Khan, respondent No.1, proceedings under section 145, Cr.P.C., with regard to a Hujra, situate in Land Khwar, were initiated. Notices were issued and respondent No.2 ordered the parties to submit written statements with regard to their respective claims and taking the dispute to be of an emergency nature he attached the disputed Hujra till further orders. Both the parties were directed to refrain from any interference in the disputed Hujra.
3. The petitioner not being satisfied with the order of the learned Magistrate filed a revision petition in the Court of the Sessions Judge, Mardan. Subsequently, an application under section 526 was presented in this Court for transfer of the case from the Court of the Sessions Judge, Mardan. His prayer was granted and the case was transferred to the Court of the Additional Sessions Judge, Mardan. The Additional Sessions Judge, Mardan proceeded to Islamabad for training in Shariat Laws and the case work of that Court was allotted to the Court of the Sessions Judge, Mardan, by the order of Honourable Chief Justice. As the case was previously transferred from his Court, therefore, he sent the file to the High Court for necessary orders. The case was then transferred to the file of the Additional Sessions Judge, Mardan at Swabi, respondent No.3. The said learned Judge has now been selected for training and has proceeded to Islamabad. The petitioner has moved this Court for quashment of the proceedings so far conducted as they are illegal and mala fide.
4. After hearing the learned counsel for the petitioner I am of the view that, at this stage, when the petitioner has moved the Court of Sessions in revision against the impugned order, the prayer for quashment shall be premature.
5. As it was requested by the learned counsel for the petitioner that the file, pending in the Court of the Additional Sessions Judge, Mardan at Swabi, would remain undecided for some time, and, therefore, the same may be transferred to the Court of the Additional Sessions Judge, Mardan. His request is granted and the case file is transferred to the file of the Additional Sessions Judge, Mardan, for further proceedings. The petitioner is directed to appear before him (the Additional Sessions Judge, Mardan) on 15-3-1982. The said Judge may before taking further proceedings, serve the opposite party with a notice regarding the transfer of the case to his file.
6. The application is disposed of accordingly.