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Criminal Miscellaneous No. 31/T of 1981, decided on 7th July, 1981.

---S. 526-Transfer of criminal cases--Cross-cases between parties one pending at G and another at K---Each party applying for transfer of cases to his own place-Proper course in circumstance-Held, each case be tried at place where instituted.

Ch. Mushtaq Ahmad Khan for Petitioners.

Miss Gulshan Ara Alam for Respondents.

Date of hearing : 7th July, 1981.

These are connected petitions in the sense that both the sides want transfer of the criminal cases pending against one another at Sialkot and Sargodha. Since Cr. Misc. No.- 31-T of 1981 and Cr. Misc. No. 78-T of 1981 are connected, they are being heard and disposed of to-ether by this order.

2. The background is that Mst. Nasim Akhtar daughter of petitioners Nos. 1 and 2 in Cr. Misc. No. 31-T of 1981 was abducted on 19th July, 1979 and a case was registered at the instance of Bashir Ahmad petitioner under section 366, P. P. C. at Police Station City, Sialkot, on 31st July, 1979 as against Muhammad Asghar, Ghulam Hussain, etc. But the F.I.R. was cancelled by the Police after the recording of the statement of Mst. Nasim Akhtar four months after the occurrence to the effect that she had not been abducted by any one but had left at her own accord and that she had married Muhammad Asghar who was the son of her khala Mst. Sughran Bibi. Thereafter, Mst. Bashiran, petitioner No. 2 in Cr. Misc. No. 31-T of 1981 instituted a complaint case under section 7/10/11/ 14 of the Zina Ordinance read with suctions 366/376, P.P.C. on 7th January, 1980 in the Court of the Ilaqa Magistrate, Sialkot, as against Muhammad Asghar, Ghulam Hussain, Mst. Sughran Bibi and Sardar. The Magistrate summoned them and Muhammad Asghar as well as Mst. Sughran Bibi have been appearing in his Court whereas the other two respondents have not yet been served. But before the institution of the aforementioned criminal case, dissolution of marriage suit was filed by Mst. Nasim Akhtar as against Muhammad Asghar in the Court of the Judge, Family Court at Sialkot on 16th December, 1979. This suit is at present pending at Sialkot and I am being told that Muhammad Asghar has also tiled a restitution of conjugal rights suit as against Mst. Nasim Akhtar but we at present are not concerned with the civil litigation which is going on between the parties. Then on 8th April, 1980 Mst. Sughran Bibt instituted a complaint case under sections 452/354/506, P. P. C. as against Bashir Ahmad, Mst. Bashiran, Muhammad Fazil and Mst. Sharifan petitioners in Cr. Misc. No. 31-T of 1981 in the Court of the Magistrate at Sargodha. Thus, the present position is that one group has filed a criminal complaint as against the other on 7th January, 1980 which is at present pending in the Court of Ilaqa Magistrate, Sialkot, whereas the other group has filed a criminal complaint against the other on 8th April, 1980 which is at present pending in the Court of the Magistrate at Sargodha. In the two connected petitions for transfer before me each of the parties has prayed for the transfer of the other case at Sialkot acid Sargodha. It is being contended by both the sides that the other side has instituted criminal proceedings as a counterblast. 1t may be noted that Msr. Bashiran and Mst. Sughran Bibi are sisters. Mst. Nasim Akhtar is daughter of Mst. Bashiran whereas Muhammad Asghar is son of Mst. Sughran Bibi. The present position is that both the sisters have fallen out against one another. The result is that they have involved the families of the one and the other in criminal cases at present pending at Sialkot and Sargodha and each one is aspiring and wishing that the other case should A be transferred to the same station where the first case had been filed. I have given careful attention to this matter. In my view the proper course in such circumstances is that each criminal case should be left at the station where it has been instituted and that neither of the two cases should be transferred. It is ordered accordingly. The result is that both the connected petitions are hereby dismissed.

Petitions dismissed

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