Find a Lawyer

MUHAMMAD MAHROOF KHAN versus THE STATE

Articles 25 (3), 15 and 5 of the Criminal Procedure Code (XLV of 1860), sections 307/147/148/149 of the Criminal Procedure Code (V9 1898), section 526 (1) of the Azad Jammu and Kashmir Islamic Prevention Laws (Enforcement) Act, 1974 (e) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 25 (3), transfer of the case to two criminal cases arising out of the same incident, one in the Tehsil Criminal Court and the other in the District Criminal Court. , The Shariah court in the latter's court rejected the transfer request on the ground that the case pending in the Tehsil Criminal Court could not be transferred to the District Criminal Court under any law. So, which is a court of superior jurisdiction, the Shariah court can not only transfer the transfer. Criminal case from one district criminal court to another in the district criminal court, but if a case is required to end justice, cross-case trial by one and the same C is required, then that criminal case will be transferred from the criminal court to the tehsil. Can move to court. In our decisions justice was appropriate and appropriate to avoid conflicts and as a result the impugned order of the Shariah Court was set aside and the case pending in the Tehsil Criminal Court transferred to the District Criminal Court. [Abdul Waheed v Ali. Disagreeing with Muhammad Criminal Miscellaneous No. 1982] 16] list of supreme court advocates from Mastoi lawyer