2006 PLP 278 (YLR)
BAKHT HUSSAIN — Applicant Versus THE STATE — Oponent
| Citation | 2006 PLP 278 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Anwar Zaheer Jamali, J |
| Parties | BAKHT HUSSAIN — Applicant Versus THE STATE — Oponent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 278 (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 2006 PLP 278 (YLR)?
The case was heard and decided by the Karachi bench comprising: Anwar Zaheer Jamali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 278 (YLR) (BAKHT HUSSAIN — Applicant Versus THE STATE — Oponent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 526---Penal Code (XLV of 1860), 5.302---Transfer of criminal case---Only ground urged by applicant for transfer of case was that the case was off shoot of main crime registered at police station at place 'K'---Case arising out of such crime, being sessions case, was pending before Additional Sessions Judge at place 'K', while due to division of District 'D' other case earlier pending before Court of Judicial Magistrate at place 'K' had been transferred to the Court of Judicial Magistrate at place 'D'---For convenience sake it would be just and equitable if present case was also transferred back to the Court of Judicial Magistrate at place 'K' so that proceedings in both cases could be conducted smoothly without much inconvenience to the prosecution as well as to accused party---Addl. Advocate-General had not opposed such request---Application was allowed and case pending before Judicial Magistrate at place 'D' was transferred to Judicial Magistrate at 'K' where it was earlier pending before bifurcation of District 'D'.
Headnotes / Summary
S. 526
Penal Code (XLV of 1860), 5.302
Only ground urged by applicant for transfer of case was that the case was off shoot of main crime registered at police station at place 'K'
Case arising out of such crime, being sessions case, was pending before Additional Sessions Judge at place 'K', while due to division of District 'D' other case earlier pending before Court of Judicial Magistrate at place 'K' had been transferred to the Court of Judicial Magistrate at place 'D'
For convenience sake it would be just and equitable if present case was also transferred back to the Court of Judicial Magistrate at place 'K' so that proceedings in both cases could be conducted smoothly without much inconvenience to the prosecution as well as to accused party
Addl. Advocate-General had not opposed such request
Application was allowed and case pending before Judicial Magistrate at place 'D' was transferred to Judicial Magistrate at 'K' where it was earlier pending before bifurcation of District 'D'. Syed Madad Ally Shah for Applicant. Massod A. Noorani Addl. A.-G. for the State.
Judgment & Decree
ANWAR ZAHEER JAMALI, J.--By this application under section 526, Cr.P.C. applicant has sought transfer of Criminal Case No.161 of 2005 (State v. Bakht Hussain), registered under section 13-E Pakistan Arms Ordinance, 1965, presently pending before IInd Civil Judgeand Judicial Magistrate Dadu, to any Court at Kotri District Jamshoro. The only ground urged by the applicant is that this criminal case arising out of Crime No.239 of 2000, is off shoot of main Crime No.147 of 2000 registered at Police Station Kotri, under section 302, P.P.C. and the case arising out of such crime being Sessions Case No.88 of 2000 is pending before Additional Sessions Judge Kotri, while due to division of District Dadu, other case earlier pending before the Court of Judicial Magistrate Kotri has been transferred to the Court of Ilnd Civil Judge and Judicial Magistrate Dadu. Syed Madad Ali Shah submits that for the convenience sake it will be just and equitable that Cr. Case No. 161 of 2005 may also be transferred back to the Court of Judicial Magistrate Court at Kotri District Jamshoro so that the proceedings -in both cases may be conducted smoothly without much inconvenience to the prosecution as well as accused party. Mr. Masood Noorani Addl. A.-G. Sindh has not opposed such request. In view of the above this Criminal Transfer application is allowed in the terms that Cr. Case No.161 of 2005 presently on the file of IInd Civil Judge and Judicial Magistrate Dadu is transferred to the Court to IInd Civil Judge and Judicial Magistrate Kotri, where it was earlier pending before bifurcation of District Dadu. H.B.T. /B-34/K Case transferred.