Monday, 15 September 2014

Section 526 can stop a Judge to decide a Criminal Matter

Under the provisions of section 526 of criminal procedure code, the High Court has powers to transfer any criminal case under proceeding in one of its sub-ordinate courts. The High Court can either transfer that case to any other court sub-ordinate to it or it can start its proceeding itself after accepting the petition.

There are 9 clauses of this section which describe the procedure as well as powers of High Court under this section. Clause 8 of the section 526 imposes a bar on the judge to pronounce any decision once an application is made under this section. Hence, any decision during the pendency of any application under this section would be of no legal value in the eyes of law. The relevant clause is reproduced below:-

(8) Adjournment on application under this section : If in any inquiry under Chapter VIII or
any trial, the fact that any party intimates to the Court at any stage that he intends to
make an application under this section shall not require the Court to adjourn the case, but
the Court shall not pronounce its final judgment or order until the application has been
finally disposed of by the High Court and, if the application is accepted by the High Court,
the proceedings taken by the Court subsequent to the intimation made to it shall, at the
option of the accused be held afresh.

If you have any further queries regarding criminal litigation feel free to write us at

Salman Yousaf Khan
Criminal Lawyer

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