2008 PLP 601 (YLR)

MIAN HAMID FAROOQ, J.

Respondent No.3 lodged a report regarding theft of his Car bearing No.131/LXD; a case was registered vide F.I.R. No. 139 of 2006, dated 10-3-2006, under sec tions 381-A/411, P.P.C. with Police Station Farid Town, Sahiwal and now the challan is pending before Judicial Magistrate, Police Station Farid Town, Sahiwal. Subsequently, the police of Police Station Talambah, Tehsil Mianchannu arrested the petitioner and respondent No.4 and FIR. No.124 of 2006, dated 12-5-2006 under sections 420/ 467/471, P.P.C. in respect of the aforesaid vehicle was registered: The challan of this case is pending before the Magistrate, Section 30, Police Station Talambah, Mianchannu. Now the petitioner seeks the transfer of the challan case of F.I.R. No.124 of 2006 titled The State v. Muhammad Yasir and others pending in the Court of Judicial Magistrate, Section 30, Police Station Talambah, Mianchannu to the Court of Judicial Magistrate, Police Station Farid Town, Sahiwal, where challan case of F.I.R. No. 139/2006 is pending regarding the same vehicle. The petitioners seek the following relief:- "In the light of above submissions, it is, therefore, very humbly prayed that this honourable Court may graciously be pleased to accept the instant petition and order to withdraw the challan case F.I.R. No.124/2006, under sections 420/467/468/471, P.P.C. Police Station Talambah, Tehsil Mianchannu, District Khanewal, pending in the Court of respondent No.2, titled as State v. Muhammad Yasir and others and may kindly be ordered to be tried with main case F.I.R. No. 139/2006 under sections 384-A/411, P.P.C. titled as State v. Muhammad Yasir and others pending in the Court of Judicial Magistrate, Police Station Farid Town, Sahiwal in the interest of justice. It is further prayed that pending the disposal of this petition proceedings of both the challan cases may kindly be ordered to be stayed meanwhile."

2. Learned counsel for the petitioner contends that since the case for theft of car was registered at Police Station Farid Town, Sahiwal, therefore, the case regarding the same vehicle, pending before Judicial Magistrate, Police Station Talambah, Mianchannu, may be transferred to Sahiwal and consolidated. The learned State Counsel has no objection for. Transfer of the case. None has entered appearance on behalf of other respondents to contest this petition.

3. I have heard the learned counsel and examined the available record. Admittedly two F.I.Rs. were lodged in two different Districts regarding theft of same vehicle and two challans are pending before different Courts. In both the cases, the accused persons are the same. Both the offences seem to be committed in same series of acts/transactions. To my mind, in case both the challans are entrusted to one Court, it would not cause prejudice to any of the parties. I see no legal impediment in transferring the challan case from Mianchannu to Sahiwal.

4. In view of the above, the present petition is allowed and the challan case of FIR. No.124 of 2006 under sections 420/467/468/471, P.P.C. titled The State v. Muhammad Yasir and others pending in the Court of Judicial Magistrate, Section 30, Police Station Talambah, Mianchannu is withdrawn and entrusted to the Court' of Judicial Magistrate, Police Station Farid Town, Sahiwal, where another challan case bearing F.I.R. No.139 of 2006, under sections 381-A/411, P.P.C. titled The State v. Muhammad Yasir and others is pending. H.B.T./M-487/L Case transferred.