Lawyers Directory Listing
Unlock direct contact details for up to 10 lawyers so you can call or WhatsApp the right legal professional and move your matter forward with confidence.
Criminal Miscellaneous No. 33-T of 1983, heard on 9th April 1983.
---S.526--Penal Code (XLV of 1860), S.379/411--Transfer of criminal cases--Case registered against accused at 'M' for theft of 19 sheep- Challan submitted in Court at 'M'--Out of stolen sheep, 17 sheep recovered from co-accused at place 'C' and challan submitted in Court at 'C'--Accused praying for transfer of case submitted at 'M' to Court at 'C' in order to avoid conflict of judgment--Recovered sheep on Sapurdari with complainant residing at 'M'--Sheep required to be produced in Court on each date of hearing--Most of witnesses also belonging to 'M'--Case registered and pending in Court at 'C' transferred to Court trying other case of 'M' in the interest of justice.
Lal Khan Baloch for Petitioner.
Arshad Qureshi A.-G. for the State.
Mian Qurban Sadiq Ikram fur Respondent No.2.
Date of hearing: 9th April, 1983.
This petition under section 526, Cr.P.C. seeks the transfer of the case "State v. Yousaf and others" registered vide F.I.R. No.106, dated 28-8-1982 with Police Station Musa Khel, District Mianwali under section 379/411 from the Court of Illaqa Magistrate, Mianwali, to the Court of Resident Magistrate, Chiniot, District Jhang.
2. The facts necessary for the purpose of this petition briefly stated are that a case was registered against the petitioners with Police Station Musa Khel, vide F.I.R. No.106, dated 28-8-1982 under section 379/411, P.P.C. at the instance of Faiz Ullah, respondent No.2/ complainant regarding theft of 19 sheep. The challan of this case has been submitted in the Court of Mr. Muneeb Ahmad Tirmzi, Magistrate 1st Class, Mianwali.
3. Out of the stolen sheep 17 were recovered in the area of Police Station Chiniot from petitioners Nos.5 and 6 and a case pertaining thereto was also registered with police station Chiniot vide F.I.R. No.449, dated 3-9-1982 under section 411, P.P.C. against the petitioners. The challan of this case has been submitted in the Court of Resident Magistrate, Chiniot.
4. Through this petition, the former case is sought to be transferred to the Court where the latter case is pending.
5. The learned counsel for the petitioner contends that the stolen subject-matter of both the F.I.Rs. is the same and the trial of the two cases by different Courts in the attendant circumstances would cause prejudice to the case of the petitioners and may also result in conflict of judgments. He further submitted that it would be convenient for the parties as well that the two cases are tried by one and the same Court.
6. On the other hand, Mian Qurban Sadiq Ikram, the learned counsel for respondent No.2 submitted that the sheep which are the subject -matter of the two cases are on Superdari with Faiz Ullah, complainant respondent No.2 and as it is those would of necessity be required to be produced in the Court on each date of hearing and, therefore, instead of transferring the case from the Court of the learned Magistrate, Mianwali, the case pending in the Court of Resident Magistrate, Chinoit, is liable to be transferred so as to be tried alongwith the case at Mianwali. He also contended that yet another case is pending regarding recovery of three more sheep out of the lot aforementioned, which have been recovered from a place known as Shadia, which again falls within the District of Mianwali. In this view of the matter he argued that it will be conducive to the ends of justice that the trial of the total controversy is held at Mianwali, especially when as is apparent from the challans, most of the witnesses also belong to District Mianwali.
7.The learned counsel appearing for the State adopted the arguments advanced by the learned counsel for respondent No.2.
8. Faced with this situation, the learned counsel for the petitioners submitted that the main effort of the petitioners is that both the cases should be tried by one and the same Court and as there is no objection by the respondents to the trial of the two cases at Mianwali, the petitioners cannot seriously object to the acceptance of the view point expressed by the learned counsel for the respondents.
9. In view of the foregoing, I would direct that the case "State v. Yousuf and others" registered vide F.I.R. No.449, dated 3-9-1982 with Police Station Chiniot, District Jhang, be withdrawn from the Court of Resident Magistrate, Chiniot, and entrusted to the Court of Mr. Muneeb' Ahmad Tirmzi, Magistrate 1st Class, Mianwali.
This petition is disposed of in terms of the above order.
S.A./Y-1/L. Case transferred.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer