1985 P Cr (PLP)

‑‑Ss. 561‑A & 527‑‑Penal Code (XLV of 1860), Ss. 500, 501 & 502‑ Transfer of private complaint‑‑Complainant filing private complaint for defamation at place L against Printer, Publisher and Editor of Newspaper who had their Head Offices and locus of operation at place P and in place P in respect of those Printers, etc. who had their Head Offices and locus of operation at place L‑‑One of objects of complainant being to harass accused in Courts located far away from their normal place of business‑‑For general convenience of parties and their witnesses, held, it was necessary in interest of justice, that case be tried by a Magistrate at P where newspaper of accused was printed and published‑ Case recommended to Provincial Government for issuance of notification under S. 527, Cr. P. C. for transfer of case from Court of Magistrate at L to Court of competent Magistrate at P in circumstances. Q.M. Saleem for Petitioner. C.M. Latif for the State. Date of hearing: 20th May, 1985. This is a petition under section 561‑A, Cr. P. C. by Ahqar Sarhadi Printer, Publisher and Editor of the Daily "Tarjuman‑i‑Afghan", Peshawar, petitioner, for the quashment of criminal proceedings pending against him under sections 500, 501 and 502, P.P.C. in the Court of Khawaja Rashid Ahmad, M. I. C., Lahore. In the alternative, it is prayed in the petition that in case the proceedings are not quashed, that the complaint be transferred to the Court of a competent Magistrate at Peshawar.

2. I have heard the arguments of the learned counsel for the petitioner and the State. From para. 6 of the private complaint it appears that the daily newspaper "Tarjuman‑i‑Afghan" bearing the dates 8‑4‑1971 and 13‑4‑1971 was circulated at Lahore, where the public had read the defamatory articles contained therein and, therefore, a part of the offences stood committed in Lahore. From the preliminary statement of Mr. Badruddin Khan P.W., it also appears that the newspapers bearing these two dates were sold and circulated in Lahore. In these circumstances, technically the institution of the complaint cannot be said to be illegal. However, one fact which is significant and which has been brought out by the petitioner in para. 7(a) and (c) of his petition is that in respect of such defamatory material, the complainant company has been filing private complaints in Lahore against Printers, Publisher and Editors of newspapers who have their head offices and locus of operation at Peshawar, and at Peshawar in respect of those Printers, Publishers and Editors who have their head offices and locus of operation at Lahore. This clearly shows that one of the objects of the complainant‑company is to harass the accused in Courts located far away from their normal place of business. For the satisfactory trial of the case and for the general convenience of the parties and their witnesses, it is necessary, in the interest of justice, that this case be tried by a Magistrate at Peshawar, where the petitioner's daily newspaper is printed and published. I would, therefore, recommend this case to the Provincial Government, so that a notification may be issued by them under section 527, Cr. P. C. for the transfer of this case from the Court of the Magistrate at Lahore to the Court of a competent Magistrate at Peshawar. A copy of this order shall be sent to the Home Secretary, Government of the Punjab, Lahore for necessary action.

3. There is no ground for the quashment of the case. The prayer for quashment is rejected.

4. For the foregoing reasons, this petition stands partly accepted, in terms of the recommendation for transfer made to the Provincial Government, as stated above. H.A.K. Quashment declined but case recommended for transfer.