1999 P Cr (PLP)

Abdul Aziz v. Muhammad Sharif and others 1985 PCr.LJ 2160 and Muhammad Nawaz v. Ghulam Qadir and others PLD 1973 SC 327 ref. Irshad Hussain Jafri for Petitioner. Khan Wajid Nawaz Khan for Respondents. Date of hearing: 7th December, 1998. This is an application for transfer of Criminal Case of F.I.R. No. 15 of 1998 under section 302/324/34, P.P.C. registered at Police Station Shah Jamal, District Muzaffargarh, pending in the Court of Ch. Ghulam Mustafa Shahzad, Additional Sessions Judge, Kot Addu, Camp at Muzaffargarh, to any other Court of competent jurisdiction.

2. It is contended that vide Mutation No.580, dated 25-8-1998 some land has been alienated by Mst. Salamat Bibi, mother of Habib and grandmother of Muhammad Ashraf accused for a sum of Rs.80,000 and have sold trees for a sum of Rs.1,00,000, that it is being propogated try Mst Salamat Bibi and other accused that they have settled the bargain for their acquittal with the learned Additional Sessions Judge and for that they have collected the huge amount that as such petitioner apprehends that he would not get justice at the hands of trial Court, that as such the case be transferred from the said Court, that under similar circumstances cases have been transferred and relied upon Abdul Aziz v. Muhammad Sharif and others 1985 PCr.LJ 2160 and Muhammad Nawaz v. Ghulam Qadir arid others PLD 1973 SC 327.

3. Conversely the contentions have been controverted by the learned counsel for the respondents. It is asserted that instant petition has been filed with mala fide intention to prolong the matter. While elaborating this contention he asserted that on 21-9-1998 arguments on behalf of the Deputy District Attorney appearing for the State as well as learned counsel for the complainant/petitioner were heard and the case was adjourned to 22-9-1998 that on 22-9-1998 the complainant sought an adjournment on the ground that he wanted to engage a new counsel and accordingly cases was adjourned to 6-10-1998, that instead of engaging a new counsel the complainant/petitioner moved the instant petition on 2-10-1998 and presented its order on 6-10-1998. He contended that on the one hand the adjournment was sought by the complainant/petitioner for changing his counsel and on the otter hand the instant transfer application was moved with a view to linger on the matter by levelling frivolous allegations. He denied the other allegations vehemently and asserted that these grounds have been cooked up to prolong the matter.

4. Instant petition has been moved on the ground that Mst. Salamat Bibi mother, of respondent No. 1 and grandmother of respondent has sold land for a sum of Rs.8C 000 and has also disposed of trees for Rs.1,00,000 and the same amount has been collected for payment to the Presiding Officer. The contention raised hardly carries any weight, as if such contention: is accepted their it would open a flood gate for the transfer of cases pending in any Court. Learned Presiding Officers who preside over the Courts have to be given full protection against frivolous allegations in view of the onerous, noble and dignified duty they are performing while deciding the cases and for performance whereof they are directly responsible to Almighty Allah. They should not be allowed to be harassed and maligned unnecessarily by the litigants who merely entertain groundless and baseless apprehensions. There is no force in this petition and the same is hereby dismissed. N.H.Q./N-132/L Petition dismissed.