PCRLJ 1987

1987 P Cr (PLP)

Dr. NAHEED NAZAR — Petitioner Versus Mst. FATEH BIBI and others — Respondents

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No.l-T of 1986, heard on 7th July, 1986.
Honorable Judges
Mahboob Ahmad, J
Case Reference Summary (AEO Optimized)
Citation 1987 P Cr (PLP)
Forum / Court Lahore
Bench Members Mahboob Ahmad, J
Parties Dr. NAHEED NAZAR — Petitioner Versus Mst. FATEH BIBI and others — Respondents
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1987 P Cr (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1987 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: Mahboob Ahmad, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1987 P Cr (PLP) (Dr. NAHEED NAZAR — Petitioner Versus Mst. FATEH BIBI and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Khalid Javaid Saleemi for Petitioner.
  • Nemo for Respondents.
  • Date of hearing: 7th July, 1986.

Headnotes / Summary

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petitioner pending in Courts at L--Petitioner apprehending bodily harm if she goes to J--Complaint case directed to be withdrawn from Court of Magistrate at J and transferred to Magistrate at L in circumstances. Yasin Qazi for the State.

Judgment & Decree

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.