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Criminal Miscellaneous No.129/7 of 1983, decided on 21st April, 19134.
Criminal Procedure Code (V of 1898)--
---S. 526--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17--Transfer of case--Accused/petitioner making allegations that if case filed against her by respondent not transferred to her place of living she was sure to be abducted by respondent who was her ex-husband with help of his relatives as she had received repeated threats from him--Petitioner filing affidavit but no counter-affidavit filed by respondent to controvert allegations which stood proved to hilt--Respondent in his complaint stating that lie had never divorced petitioner and that petitioner was leading. a life of Zina with her present husband--field, allegations made by petitioner that she would be done to death being not unreasonable, transfer application allowed.
Ch.Muhammad Ashraf Azeem for Petitioner.
Muhammad Rafiq for Respondent No.1.
Sardar Nazar Hussain Dogar for the State.
Date of hearing: 21st April, 1984.
This is an application for transfer of private complaint for offences under section 10 of Ordinance (VII of 1979) and section 17 of Ordinance (VI of 1979) at present pending in the Court of Ch. Abdus Sattar, Additional Sessions Judge, Sargodha to any Court of competent jurisdiction in Faisalabad city.
2. The facts of the case are that petitioner Mst. Sardaran Bibi was originally wife of Murid Abbas and had three children from him. On his death, she and her three children inherited one square of land left by him. She, however, finding difficulty in continuing to live as a widow, married respondent Zulfiqar Shall. It is stated that later oil there was a breach between her and Zulfiqar Shah on account of the fact that her said husband, Zulfiqar Shah, wanted the said one square of land to be transferred in his favour. The position of the petitioner is that as a consequence of the said breach, the respondent had divorced tier and proceedings were taken before the Union Council concerned by virtue of which the said divorce became effective. Thereafter, she married Abdullah on 10-1-1980. It is alleged that the respondent Zulfiqar Shah started harassing the petitioner and her husband but he failed to fulfil his purpose at Sargodha and on apprehending danger from him, petitioner Mst. Sardaran Bibi and her husband Abdullah shifted to Faisalabad.
3. On 22-10-1982, Zulfiqar Shall filed the abovementioned complaint in which Ch.Abdus Sattar, Additional Sessions Judge summoned the petitioner, her husband and others to stand trial.
4. The plea of tile petitioner in this transfer application is that the respondent Zulfiqar Shah is living in Sargodha and if she is compelled to go to Sargodha to stand her trial there, she is sure to be abducted by the respondent with the help of his relatives and supporters,, She apprehends danger to her life at Sargodha at the hands of respondent Zulfiqar Shah she had received repeated threats from said Zulfiqar Shall that she would be done to death there. She has also filed an affidavit in proof of said allegations. Respondent Zulfiqar Shah has admitted that he is living at Sargodha. He has not controverted these allegations and has not filed any courtier affidavit to show that apprehensions of the petitioner are unjustified or baseless. Therefore, the said unrebutted allegations of petitioner Mst. Sardaran stand established to the hilt. Respondent Zulfiqar Shah in his complaint has stated that lie had never divorced petitioner arid that she is leading a life of Zina with Abdullah. In the context of such an allegation in the complaint, the fear of Mst. Sardaran Bibi that at Sargodha she may be abducted forcibly by the petitioner with the help of his relatives or supporters and may be done to death does not appear to be unreasonable. In case of Jumma Khan v. The State arid another, 1969 S C M R 826, their Lordships of the Supreme Court approved transfer of the case by the High Court from a criminal Court at Sukkur to one tit Lahore on tile ground of apprehension of forcible kidnapping by tile opposite party at Sukkur.
5. Respectfully following the said decision, transfer this case from the Court of Ch. Abdus Sattar, Additional Sessions Judge, Sargodha to the Court of any Additional Sessions Judge at Faisalabad to be named by the learned Sessions Judge, Faisalabad.
M. Y. H.
Case transferred.
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