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Criminal Miscellaneous No.302/T of 1972, decided on .17th October, 1972.
---S .526--Case under S.307 , P . P . C . registered in District C at the instance of an Advocate--Transfer of case sought from District C to any other District on ground that complainant himself being an Advocate wielded sufficient influence and no other Advocate in that District was prepared to defend accused--Court without expressing any opinion in the matter transferred case from District C to District R.
Miss Gulshan Ara Alam for Petitioner.
Rustam Sidhwa for the State.
The petitioner is being prosecuted in a case under sections 307, PPC and 13 of the Arms Act 1965 on a report lodged by Malik Bashir Ahmad, Advocate Talagang. He was admitted to bail by ADC (G) Cambellpur on medical grounds which was later cancelled by him on an application moved by the said Advocate. Consequently he had to approach the Sessions Judge for his re-admission to bail. His grievance is that Malik Bashir Ahmad, Advocate, being a complainant himself wields sufficient influence with the local authorities and no suitable lawyer is prepared to defend him on that account. He has accordingly approached this Court for the transfer of his case to some other District. Learned State counsel has no objection, so without expressing any opinion in the matter I accept this petition and transfer the case to Rawalpindi for trial. The District Magistrate Cambellpur is directed to withdraw this case from the file of the Magistrate concerned and forward the same to the District Magistrate Rawalpindi who shall make it over to some Magistrate of competent jurisdiction for disposal in accordance with law.
K.B.A./2-21/L Case transferred.
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