Find a Lawyer

Writ Petition No. 1862 of 1965, heard on 30th April, 1984.

-- S. 323-Transfer of a criminal case-No provisions in Conciliation Courts Ordinance, 1961 and Rules framed thereunder, 'empowering Deputy Commissioner to transfer a criminal case from one concilia tion Court to another in a different Union Council/Union Committee --Transfer of criminal case by Deputy Commissioner, held, unlawful and without jurisdiction in circumstances-Order set aside-Con ciliation Courts Ordinance (XLIV of 1961).-[Transfer of criminal cases].

M. A. Bajwa for Petitioner.

Nemo for Respondents.

Date of hearing: 30th April, 1984.

A complaint under section 323, P. P. C. was pending with the Town Committee, Lallian. Vide order, dated 26th August, 1965 Deputy Com missioner, District Jhang transferred the complaint from the Conciliation Court Union Committee, Lallian to Union Committee No. 3, Chiniot.

2. Order of transfer has been challenged by Muhammad Siddiq complainant on the ground that the Deputy Commissioner had no jurisdiction to transfer the criminal case from the Conciliation Court, Lallian to another Union Committee for trial and disposal. The transfer order is stated to have been made by the Controlling Authorities, without notice to the petitioner.

3. The respondent No. 2 despite service is absent. Hence he is proceeded against ex parse.

4. I have heard the learned counsel for the petitioner and perused the record. There is no provision in the Conciliation Courts Ordnance, 1961 and the Rules framed thereunder. empowering the Deputy Commis sioner to transfer a criminal case from one Conciliation Court to another in a different Union Council/Union Committee. The order of transfer is therefore, without jurisdiction. In the absence of a specific provision in the Conciliation Courts Ordinance, 1961 or the Rules framed thereunder the Deputy Commissioner was not competent to make a transfer order, more so in the absence of a notice to the complainant. Consequently the writ petition is accepted the order dated 26th August, 1965 passed by Deputy Commissioner, Jhang is set aside and is declared to have been passed without lawful authority. No order as to costs.

S. G. D. Petition allowed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.