2011 PLP 783 (YLR)
Haji RAHMAN ALI — Applicant Versus NAMDAR and 4 others — Respondents
| Citation | 2011 PLP 783 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Salman Hamid, J |
| Parties | Haji RAHMAN ALI — Applicant Versus NAMDAR and 4 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 PLP 783 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 783 (YLR)?
The case was heard and decided by the Karachi bench comprising: Salman Hamid, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 783 (YLR) (Haji RAHMAN ALI — Applicant Versus NAMDAR and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 526
Penal Code (XLV of 1860), Ss. 302/148/149/114
Application for
Complainant/applicant sought withdrawal of case from the court which was trying the case and to transfer to any other court
Applicant had stated that attitude of trial Judge towards him was very harsh and favourable to accused persons; that Trial Judge was compelling the applicant to compound the offence with accused, failing which he would acquit accused from all the charges and that accused was publicly expressing the said opinion of the Trial Judge and that in such circumstances the applicant had lost confidence in the Judge who was presiding over the court
Upon a report being sought, Trial Judge reported that all the allegations raised in the application were false, frivolous, baseless and concocted; and that the transfer of the case on such ground was uncalled for
According to the report said allegations had been raised by the applicant, when the entire evidence of the prosecution had been completed
Case was at terminal stage, application in such circumstances, had been filed so that accused continued to suffer unnecessarily
Court, while deciding application for transfer, must consider that no injustice was caused to anyone
In the present case it was clear that application had been moved to delay the matter and that the allegations raised had no substance
Transfer of a case from one court to another court could not be claimed as a matter of right or could not be granted as a matter of routine; and that court before whom application for transfer was moved, had to see whether the mistrust which was shown by the applicant was genuine or otherwise
Application for transfer was dismissed in circumstances. Nisar Ahmed Abro for Applicant. Syed Fida Hussain Shah State Counsel .
Judgment & Decree
SALMAN HAMID, J.
Through this application, the applicant has sought withdrawal of sessions case No.458 of 2008 State v. Namdar and others from the Court of 1st Additional Sessions Judge, Jacobabad and its transfer to any other Court at Jacobabad inasmuch as that according to the applicant attitude of the learned" trial Judge towards applicant was very harsh and favourable to the accused persons and that the learned Judge is compelling the applicant to compound the offence with the accused failing which he will acquit the accused from all the charges. It is further alleged in the application in hand that the accused is publicly expressing the above opinion of the learned Judge and therefore under such circumstances the applicant has lost confidence in the judge who is presiding over the Court. Upon a report being sought, the Ist Additional Sessions Judge Jacobabad reported on 8-6-2010 that all the allegations raised in the application are false, frivolous, baseless and concocted and that the transfer of the case on such ground was uncalled for. According to the report, above allegations have been raised by the applicant against the 1st Additional Sessions Judge, Jacobabad when the entire evidence of the prosecution has been completed and therefore applicant does not want the case to be decided soon. From the comments/report of the 1st Additional Sessions Judge, Jacobabad it becomes clear that the case is at the terminal stage. Faced with such a situation present application has been filed so that the accused continue to suffer unnecessarily. The Court, while deciding the application for transfer must consider that no injustice is caused to anyone. In the present case it is clear that the application has been moved to delay the matter and that the allegations raised have no substance. By now it is well established that transfer of a case from one Court to another Court cannot be claimed as a matter of right or cannot be granted as a matter of routing and that Court has to see, whether the mistrust which is shown by the applicant is genuine or otherwise. In the present case I find the apprehensions of the applicant are made up. I am not inclined to grant application in hand and the same is therefore dismissed. H.B.T./R-17/K Application dismissed.