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Criminal Miscellaneous No.86-T of 1987, decided on 13th May, 1987.
---S.526--Penal Code (XLV of 1860), S.302/34--Transfer of case--Parties agreeing to proposed transfer of case--Order passed accordingly.
Mehr Ghulam Ali Mubashir for Petitioners.
Maqbool Ahmad for Respondent No.1.
Abdul Aziz for the State.
This is a petition under section 526, Cr.P.C. by Abdur Rehman and Gola, petitioners, for the transfer of the case "State v. Gola Khan and others" under section 302/34, PPC from the Court of the Sessions in Khushab to any other Court of competent jurisdiction outside the district.
2. It appears that the aforesaid case was previously before the learned Sessions Judge, Khushab, but was transferred to an Additional Sessions Judge in the same district, under the order of this Court passed in transfer petition (Cr.Misc. No.210-T of 1986) decided on 10-11-1986. Since no Additional Sessions Judge was working in Khushab. the petitioners filed a transfer petition (Cr. Misc. 43-T of 1987) for the transfer of the said case outside the district. The said application was dismissed, as office report then disclosed that a new Additional Sessions Judge was about to be appointed in the Khushab district. At some later stage, on a petition (Cr. Misc. 62-B of 1987) being filed by the co-accused of the petitioners, a learned Single Judge of this High Court directed the transfer of .the raid case; the Court of the learned Sessions Judge. Sargodha. In view of order earlier passed by me in the transfer petition (Cr. Misc. 43-T 1987), the present petitioners have filed this seeking clarification of the conflict arising between my order dated 9-3-1987 and the of the learned Single Judge passed on the bail petition, on 9-3-198.
3. I have heard the arguments of the learned counsel for that petitioners, the respondent and the State. Learned counsel for the; parties are agreed that the case in question be permitted to be tried by the Court of the learned Sessions Judge at Sargodha.. In view of the last order of a learned Single Judge of this cited 9-3-1987, e it is so ordered accordingly.
4. This petition is, therefore, accepted and the case titled "State v. Gola Khan" under section 302/34, PPC shall now be 'teed by the learned Sessions .Judge, Sargodha. The direction given in the bail; order with regard to early disposal of this case shall stand and be' given effect to.
M.Y.H./A-184/L Case transferee.
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