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Criminal Transfer Application No. 118 of 1967, decided on 4th December 1967.

S. 526‑Transfer of case‑Accused resident of District K‑Complaint filed at far off District N to harass accused unnecessarily‑Transfer of case to Court at District K, held, conducive to convenience of accused.

Mrs. Salima Nasiruddin for Petitioner.

A. H. Memon for Respondents.

Date of hearing: 4th December 1967.

The petitioner Haji Bashir aged about 75 years, a resident of Mahmood Abad, Karachi, has been involved in a case filed in the Court of S. D. M., Nasirabad, District Jacobabad, by one Jumo Khan under section 406/420, P. P. C. According to the statement of the complainant in Court the petitioner Haji Bashir approached him with three other accused persons with him and gave him Salam of Dhani Buz, who was known to the complainant, and told him that he had come to give a message for the supply of buffaloes as they were sold at a good price in Karachi. The complainant, therefore, in presence of Sono witness gave four buffaloes and Rs. 200 in cash and the total value of the property including the cash for which he was cheated and criminal breach of trust took place comes to Rs. 3,600. Except the oral evidence no documentary evidence has been produced before the trial Court. It obviously appears that the complainant has filed this cast at a far off district in the Sub‑Division of Nasirabad unnecessarily harass the petitioners. I, therefore, consider that it will be conducive to the convenience of the accused to transfer this case from the Court of S. D. M., Nasirabad to the Court of A. D. M., Karachi who will hear it himself or pass it on to any other magistrate of competent jurisdiction. The transfer application is disposed of accordingly.

Application accepted

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