Through this petition under section 526, Cr.P.C., the petitioner seeks the transfer of case arising out of F.I.R. No.177, dated 7-8-1993, under section 302, P.P.C., Police Station Jatli, District Rawalpindi, currently pending in the Court of Ch. Muhammad Saeed, Additional Sessions Judge, Guiar Khan, from the said learned Court to the Court of Mr. Muhammad Gulzar Ahmad Butt, Additional Sessions Judge, Rawalpindi, on the ground that the transfer of said case by the leaned Sessions Judge by administrative order under section 528(1-A), Cr.P.C. Is not in accordance with law.
2. It is alleged that the said case was pending trial before Mr. Muhammad Gulzar Ahmad Butt, Additional Sessions Judge, Rawalpindi. He distributed copies of statements of the witnesses under section 161, Cr.P.C., to the accused as required under section 265-C, Cr.P.C. Charge was framed on 1-3-1995 and on 12-4-1995, statement of Khurshid Anwar complainant was also recorded. It is alleged that under an administrative order dated 2-5-1995, the learned Sessions Judge, Rawalpindi, transferred 25 cases from different Courts to the Court of Ch. Muhammad Saeed, Additional Sessions Judge, Gujar Khan, including the present one.
3. Learned counsel for the petitioner placing reliance on section 528(1-A), Cr.P.C. Vehemently contended that bare reading of this section makes the intention of the Legislature very much clear that if trial has already commenced before a learned Additional Sessions Judge, then the Sessions Judge cannot exercise his powers under section 528(1-A), Cr.P.C., hence the transfer of the instant case is without lawful jurisdiction.
4. The learned Law Officer in view of the aforesaid provisions of law, candidly conceded that in the present case as the trial has already commenced, hence the learned Sessions Judge has no power to transfer the case on administrative order.
5. In view of the concession by the learned Law Officer, which is the proper interpretation of law, this petition is allowed and it is ordered that the aforesaid case currently, pending in the Court of Ch. Muhammad Saeed, Additional Sessions Judge, Gujar Khan be withdrawn from the said learner Court and be entrusted to the Court of Mr. Muhammad Gulzar Ahmad Butt, Additional Sessions Judge, Rawalpindi, for trial in accordance with law.