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Criminal Miscellaneous No.l-T of 1986, heard on 7th July, 1986.
---S. 526--Transfer of case--Complaint case in Magistrate's Court at J--Number of other cases instituted by or on behalf of same person against petitioner pending in Courts at L--Petitioner apprehending bodily harm if she goes to J--Complaint case directed to be withdrawn from Court of Magistrate at J and transferred to Magistrate at L in circumstances.
Khalid Javaid Saleemi for Petitioner.
Nemo for Respondents.
Yasin Qazi for the State.
Date of hearing: 7th July, 1986.
This petition under section 526 of the Code of Criminal Procedure seeks transfer of the complaint case titled 'Mst. Fateh Bibi v. Tariq and 3 others' from the Court of Ch. Irshad Ahmad Khan, Magistrate 1st Class, Jaranwala, District Faisalabad to some other Court of competent jurisdiction at any other place in the Province.
2. The learned counsel for the petitioner contends that a frivolous complaint has been got lodged by one Rai Himayat Ali Khan through respondent No.l under section 365, P.P.C. at Jaranwala, District Faisalabad only to cause harassment to the petitioner.
Further contends that a number of other cases had been instituted by the said Rai Himayat Ali Khan against the petitioner most of them at Lahore, out of which many cases have since been withdrawn anal disposed of. He submits that in view of the petitioner's apprehension that she might be bodily harmed if she goes to Jaranwala to defend herself in the complaint sought to be transferred it would be in the fitness of things and in the interest of justice that the complaint case, aforementioned, is, also transferred preferably to Lahore.
3. No one has appeared on behalf of respondent No.l to contest this petition.
4. The learned counsel appearing for the State has no objection to the transfer of the complaint case and also agrees that Lahore will be the best place for adjudication of this matter as well.
5. In view of the foregoing allowing this petition I direct that the complaint case titled 'Mstj Fateh Bibi v. Tariq and 3 others' be withdrawn from the Court of Mr. Irshad Ahmad Khan, Magistrate Ist Class, Jaranwala, District Faisalabad' and entrusted to the Court of Judicial Magistrate, Lahore for adjudication in accordance with law.
S. A. Case transferred.
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