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Criminal Miscellaneous No. 39‑T of 1986, heard on 20th April, 1986.
‑‑---S. 526‑‑Penal Code (XLV of 1860), Ss. 302, 307, 452, 148 & 149‑ - Transfer application‑‑Two ‑cases, one by accused's party and other by complainant's party, each containing counter versions, pending in Court of Section 30 Magistrate‑‑On death‑of one of injured, a revised challan submitted by police against accused party and same coming up in Court of Sessions‑‑All three challans constituting two cases as earlier challan against accused party merged in revised challer under S. 302, Penal Code‑‑Such two cases, one in Court of Section 30 Magistrate and other in Court of Sessions pertaining to arse, and same occurrence‑‑Propriety and end, of justice demanded that their trial be held by one Court which would opiate chances of conflicting judgments‑‑ 7rehsfer application allowed and case pending in Court of Section 30 Magistrate withdrawn and transferred to Court of Sessions.
R.A.. Awan for Petitioner.
Aziz Qureshi for the State.
Naveed Rasool Mirza for Respondents Nos. 2 to 24.
This is an application under section 526, Cr.P.C. for the transfer of two cases re: State v. Sher Muhammad and others under section 307/452/148/149, P.P.C. and re: State v. Taj Din etc. under section 325/4561148/149. P.P.C. from the Court of Magistrate, Section 30. Lahore to the Court of Mr. Muhammad Ashraf Shughfta, Additional Sessions Judge, Lahore where a case re: State v. Muhammad Idrees etc. under section 302/148/149, P. P. C. is pending.
2. On 15th of June, 1984, two F.1.Rs. were lodged, one by the petitioner's party under section 307/452/148/149, P.P. C. and the other by the respondents' party under section 307/452/148/149, P.P.C. The F.I.Rs. contained counter versions in respect of an occurrence which took place on that date at 4‑00 p.m. in the area of village Katchi Kohi, Police Station Chung, Lahore. Each party' accused the other of having launched an attach. The police after investigation submitted challans in both the F.I.Rs. against both the parties. The cases are pending in the Court of Magistrate Section 30. Subsequently. Muhammad Hussain, one of the injured n the F.I.R. lodged by the respondents' side, died on 6th of October, 1984. On his death, the police submitted a revised challan against the petitioner's party adding an offence under section 302, P.P.C. This challan in due course has come to the Court of Mr. Muhammad Ashraf Shughfta, Additional Sessions Judge, Lahore. The two challans already submitted by the police continue to remain pending in the Court of Magistrate Section 30, The petitioner prays that those two challans may also be transferred A the Court of Sessions so that the trial of all the cases held together in order to avoid conflicting judgments.
3. The three cases would now in fact constitute two cases as the earlier challan against the petitioner's party would merge in the revised challan under section 302., P.P.C.
4. The application is opposed by learned counsel for respondents Nos. 2 to 24 only. His contention is that the trial of the case against respondents Nos. 2 to 24 separately in the Court of the Magistrate will not cause any prejudice to any party. This contention cannot sustain. As the cases pertain to one and the same occurrence, propriety and ends of justice demand that their trial is held by one Court. This will obviate chances of conflicting judgments. Therefore, this application is allowed and the two cases pending in the Court of Magistrate‑‑Section 3.0, Lahore are withdrawn and transferred to the Court of Mr. Muhammad Ashraf Shughfta, Additional Sessions Judge, Lahore.
M.Y.H Petition allowed
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