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Criminal Miscellaneous No.71‑T of 1985, decided on 17th June, 1985.
‑‑‑S.526‑‑Transfer of criminal case‑‑Transfer of criminal case under S.308/325, P.P.C. from Court of Magistrate to Court of Additional Sessions Judge pressed on ground that another case under 5.302/34, P.P.C. arising out of same occurrence, pending trial in latter Court‑ Case Aran4erred to Court of Additional Sessions Judge in interest of justice.
Riaz Kayani for Petitioner.
Sh. Amjad Hussain for the State.
G.A. Farid Khan for Respondents Nos. 2 to 6.
This is an application under section 526, Cr.P.C. for the transfer of case re: "State v. Abdullah Masih etc." under section 308/325, P.P.C. from the Court of Mr. Munawar Hussain Cheema, Magistrate Section 30, Lahore to the Court of Malik Mushtaq Ahmad, Additional Sessions Judge, Lahore, where another case arising out of the same occurrence re: "State v. Yousaf Masih etc." under section 302/34, P.P.C. is pending. The petitioner is the complainant while respondents Nos.2 to 6 are the accused in the case.
2. Learned counsel for the State and learned counsel for the respondents Nos. 2 to 6 state that they have no objection to the acceptance of this application and the transfer of the case from the Court of the Magistrate to the Court of the Additional Sessions Judge.
3. Therefore, this application is accepted and the case re: "State v. Abdullah Masih etc." under section 308/325, P.P.C. is withdrawn from the Court of Mr. Munawar Hussain Cheema, Magistrate Section 30, A Lahore and transferred to the Court of Malik Mushtaq Ahmed, Additional Sessions Judge, Lahore. Both the Courts shall be informed accordingly.
S.G.D. Case transferred.
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