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Criminal Revisions Nos. 598, 612 and 613 of 1985, decided on 3rd December, 1985.
‑‑‑S. 526/439‑‑Revision‑‑Transfer of cases‑‑Both parties having lost confidence in trial Court‑‑Without going into merits of case and without giving finding about conduct and integrity of Magistrate, all cases pending before said Court, held, should be transferred to some other Court of competent jurisdiction order to place parties in a position of confidence and that justice might appear to be done.
J.V. Gardner for Petitioner.
Malik Amin Ullah for Respondent.
Masood‑ul‑Hassan Sabri for the State.
Date of hearing: 3rd December, 1985.
This judgment will dispose of three Revision Petitions, (Criminal Revision 598 of 1985, Criminal Revision 612 of 1985 and Criminal Revision 613 of 1985) filed by Mst. Sarwar Bano, petitioner, against the orders of the Sessions Judge, Lahore, dated 2‑11‑1985 refusing to transfer her private complaint case against Hakeem Liaquat Ali and another, the State case registered at the instance of Hakeem Liaquat. Ali, against the petitioner and others and the State cases registered at the instance of the Naib‑Tehsildar, Lahore, against the petitioner and others from the Court of Mr. B.A. Nasir, M.I.C., Lahore, to the Court of any other competent Magistrate.
2. I have read the report and parawise comments of Mr. B.A. Nasir, M.I.C., Lahore. Not only does the petitioner have no confidence in the trial Magistrate, but Hakeem Liaquat Ali, the opposite party, also has no confidence. Mr. Amin Ullah, Advocate for Hakeem Liaquat Ali and another; also requests for the transfer of the cases from his Court, as, according to him, the said Magistrate did not acquit his clients in the petitioner's private complaint case, though the petitioner had not been appearing in her case for endless hearings. It appears A that both the parties have lost confidence in the Court. Without going on the record as having given any finding against the conduct or integrity of the Magistrate presently seized of the case, it is necessary in the interest of justice that all these cases be transferred to some other Court, so that the parties be placed in a position of confidence and that justice may appear to be done.
3. For the foregoing reasons, the three revision petitions (Criminal Revision 598 of 1985, Criminal Revision 612 of 1985 and Criminal Revision 613 of 1985) are accepted. Acting under sections 439 and 526, Cr.P.C. the orders of the learned Sessions Judge, Lahore, dated 2‑11‑1985 are set aside and the three cases are transferred from the Court of Mr. B.A. Nasir, M.I.C., Lahore, to the Court of any other competent Magistrate, to be determined by the District Magistrate, Lahore. The parties shall now appear before the District Magistrate Lahore, on 17‑12‑1985, to take a fresh date before the transferee Court.
S.A. Revision Petitions accepted.
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