Muhammad Rafiq Tarar, J.- Manzur Husain petitioner has moved this petition under section 526 Cr.P.C for transfer of case, titled State versus Hasan, under section 302 P.P.C, from the Court of Mr.Zia-ur-Rehman Khan, Additional Sessions Judge, Faisalabad, to any other Court of competent jurisdiction.
2. Learned counsel for the petitioner contends that initially the case was entrusted to the Court of H< fiz Khalil Ahmad, Additional Sessions Judge, for disposal but was later on transferred to the Court of Mr.Zia-ur- Rehman Khan, Additional Sessions Judge, who was previously posted at Sargodha. The accused party has engaged Mr.Ehsan Qadir, Advocate, from Sargodha, who has family relations with the learned Additional Sessions Judge Mr.Zia-ur-Rehman Khan. He was received with respect and the presiding officer enquired about his heaIth etc. In para.4 of the petition it is stated that Mr.Ehsan Qadir was engaged by the act used party after the case had been transferred to the Court of Mr.Zia-ur-Rehman Khan. The learned counsel for the respondent has taken strong exception to this allegation. He has produced a certified photo copy of an application, made by Mr. Ehsan Qadir Shah in the Court of Hafiz Khalil Ahmad on 4.9.1988 for inspection of the file and another application dated 16.9.1988 seeking adjournment on the ground that he had to appear in another case at Khushab in which the High Court had issued direction for day to day hearing from 17.9.1988. These documents belie the allegation that Mr.Ehsan Qadir Shah was engaged after the case was transferred to the Court of Mr.Zia-ur-Rchman Khan. He was the counsel when the case was pending in the Court of Hafiz Khalil Ahmad. However, in the parawise comments the learned Additional Sessions Judge has stated that he remained posted at Sargodha and Mr.Ehsan Qadir Shah appeared in his Court about two years after he was transferred from there, therefore, by way of courtesy he enquired about his welfare. He has denied any family relations with him. It will not be out of place to mention here that the petitioner had also moved an application for transfer of the case from the Court of Hafiz Khalil Ahmad. Even in that application he had alleged that the accused party was openly proclaiming that they had settled the matter with the presiding officer and they would be acquitted. In the circumstances, there is no merit in this petition and the same is dismissed.