1987 PLP 3085 (MLD)

(b) Criminal Procedure Code (V of 1898)

S.526

Transfer of cases--One application for transfer of seven independent cases against one accused, held, not competent. Rashid Murtaza Qureshi for Petitioner. Through this petition, Shabbir Hussain accused seeks transfer of seven cases registered against him vide F.I.R. No. 103 dated 11-5-1986, 109 dated 18-5-1986, 110 dated 18-5-1986, 79 dated 26-2-1987, 80 dated 26-2-1987, 92 dated 10-3-1987 and 249 dated 9-7-1987, at P.S. Wah Cantt, District Rawalpindi. The cases are pending in the Court of Resident Magistrate, Wah Cantt. Rawalpindi. These cases were registered at the instance of various persons under section 406/420 etc. PPC.

2. In support of this petition, only three grounds have been urged. Firstly, that the cases were falsely registered against the petitioner at the instance of Masood Khan Bangash DSP and as such, it will not be possible for the petitioner to defend these cases at Wah Cantt; secondly, that the complainants in all these cases belong to Hayat family who is very influential in the Ilaqa. The petitioner, therefore, does not expect justice from Courts at Wah Cantt; and thirdly, the petitioner apprehends danger to his life.

3. I have conceded the above contentions. Excepting the affidavit of the petitioner, there is no evidence that the cases were registered against the petitioner on the instigation of Masood Khan Bangash DSP. It is admitted at the Bar that the cases were registered at the instance of various citizens on the allegation that the petitioner had sold their properties fraudulently. It cannot, therefore, at this stag be held that the said DSP manoeuvred the said cases against the petitioner. The learned counsel was unable to point out any enmity between the petitioner and the DSP prior to registration of these cases. So far as the influence of Hayat family is concerned, the learned counsel was not able to say that the learned Resident Magistrate was, in any way, under their influence. I am sure that the learned Resident Magistrate will hold trial in a fair and just manner according to law, by allowing full opportunity to the petitioner to defend himself. It is not possible to hold on the basis of the imaginary fear of the petitioner that the learned Resident Magistrate would, in any way act under the influence of the said Hayat family. I inquired from they learned counsel as to what he meant by Hayat family. He was unable to specify any individual name of the said family who could influence the Resident Magistrate. The supposed fear of life expressed by they petitioner is also without any foundation. His family resides at Waft Cantt. The fear to his life does not appear to be based on any, cogent reasons. I, therefore, find no merits in this petition which is accordingly dismissed. It may here be added that even otherwise, one petition for transfer of seven independent cases against the petitioner was not competent. M. Y. H. IS-102/L Petition dismissed.