2007 PLP 984 (MLD)
ASAD alias ASADULLAH — Applicant Versus MANZOOR ALI and another — Respondents
| Citation | 2007 PLP 984 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ASAD alias ASADULLAH — Applicant Versus MANZOOR ALI and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 984 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 984 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 984 (MLD) (ASAD alias ASADULLAH — Applicant Versus MANZOOR ALI and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sarfraz Khan Jatoi for Respondent No.1.
- Mr. Sarfraz Khan Jatoi, Advocate for the respondent No.1 and Mushtaque Ahmed Kourejo, learned State counsel have no objection if the Criminal Case arising out of Crime No.85 of 2005 of Police Station Warrah re. State v. Asad alias Asadullah and others is recalled from the said Court and transferred to any other Court having jurisdiction.
Headnotes / Summary
S. 526
Penal Code (XLV of 1860), S.380
Application for
Applicant/accused had sought transfer of criminal case pending against him in Court at place "W" to any Court having jurisdiction in `L' city
Contention of applicant was that he had matrimonial dispute with the complainant party and that there was imminent apprehension of life while attending the court at place "W"
Counsel for complainant and State counsel had no objection if case was transferred as prayed for by the applicant
In view of candid statements of counsel for respective parties, criminal case pending against applicant in the court at place "W" was recalled and was transferred to the Court at place 'L' as prayed for by applicant.
Judgment & Decree
SYED ZAWWAR HUSSAIN JAFFRY, J.
Through this application the applicant/accused seeks transfer of Criminal Case No.85 of 2005 under section 380, P.P.C. registered at Police Station Warrah from the file of learned 2nd Civil Judge and Judicial Magistrate, Warrah to any other Court having jurisdiction in Larkana City. Brief facts as disclosed in the F.I.R. are that on 15-9-2005 complainant Mazhar Ali lodged his F.I.R. under section 380, P.P.C. against the applicant and other co-accused. After investigation charge sheet has been filed against the applicant whereas co-accused have been shown as absconding accused, the Court of learned 2nd Civil Judge and Judicial Magistrate, Warrah. Mr. Jai Jai Veshnu, learned counsel for the applicant has contended that the applicant has matrimonial dispute with the complainant party and there is imminent apprehension of life while attending the Court of Warrah therefore, the said case be transferred by recalling it to the Court having jurisdiction at Larkana City. Mr. Sarfraz Khan Jatoi, Advocate for the respondent No.1 and Mushtaque Ahmed Kourejo, learned State counsel have no objection if the Criminal Case arising out of Crime No.85 of 2005 of Police Station Warrah re. State v. Asad alias Asadullah and others is recalled from the said Court and transferred to any other Court having jurisdiction. In view of candid statement of learned counsel for the respective parties, Criminal Case arising out of No.85 of 2005 Re. State v. Asad alias Asadullah and others is recalled from the Court of 2nd Civil Judge and Judicial Magistrate Warrah and stands transferred to the Court of 1st Civil Judge and Judicial Magistrate Larkana. Criminal Transfer Application No.94 of 2006, stand allowed. H.B.T./A-44/K Application allowed.