2001 PLP 1561 (MLD)
MUHAMMAD ISHAQUE‑‑‑Applicant Versus MUHAMMAD NADEEM and another‑‑‑Respondents
| Citation | 2001 PLP 1561 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Saiyed Saeed Ashhad, CJ |
| Parties | MUHAMMAD ISHAQUE‑‑‑Applicant Versus MUHAMMAD NADEEM and another‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2001 PLP 1561 (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 2001 PLP 1561 (MLD)?
The case was heard and decided by the Karachi bench comprising: Saiyed Saeed Ashhad, CJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 1561 (MLD) (MUHAMMAD ISHAQUE‑‑‑Applicant Versus MUHAMMAD NADEEM and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahadat Awan for Respondent No. l
- Date of hearing: 26th March, 2001
Headnotes / Summary
‑‑‑‑S.526‑‑‑Penal Code (XLV of 1860), 5.302‑‑‑Application for transfer of case‑‑‑Date of birth of the accused, determination of‑‑‑Case pending in the Court of IIIrd Additional Sessions Judge was sent to the Court of 1st Additional Sessions Judge on the ground that accused was a juvenile offender and his case was to proceed with the Juvenile Justice System Ordinance, 2000‑‑‑Applicant/complainant had challenged the transfer of case and had prayed for transfer of case from 1st Additional Sessions Judge contending that accused was not a juvenile at the time of commission of the offence‑‑ Copies of the birth certificate and certificates issued by the educational institution showing date of birth of the accused were available on record‑‑ Where birth certificate and other documents issued by the educational institution giving the date of birth of an accused were available on record then unless such certificates were held to be fraudulent and/or bogus, those were to be relied upon‑‑‑If the applicant/complainant did not feel satisfied with the genuineness and validity of the birth certificate and other certificates issued by the educational institution, he ought to have challenged the same before the Trial Court and filing of transfer application under S.526, Cr.P.C. in High Court was not warranted. M. Waheed Kazi for Applicant. Habib Ahmed, A.A.‑G. for the State.
Judgment & Decree
Shahadat Awan for Respondent No. l Habib Ahmed, A.A.‑G. for the State. Date of hearing: 26th March, 2001 In this transfer application, it has been prayed that Criminal Case bearing No. 128 of 1999 (The State v. Muhammad Nadeem) emanating from F.I.R. No.51 of 1999, dated 10‑3‑1999 under section 302, P.P.C. of Garden Police Station, Karachi, be transferred from the Court of 1st Additional Sessions Judge, Karachi (South) to any other competent Court of Additional Sessions Judge, Karachi (South) for proceeding in accordance with law and adjudication in the interest of justice. The case against accused/respondent No. l Muhammad Nadeem was pending in the Court of IIIrd Additional Sessions Judge, Karachi (South), who transferred the same to the Court of 1st Additional Sessions Judge, Karachi (South) on the ground that accused/respondent No. l Muhammad Nadeem was a juvenile offender and his case was to proceed in accordance with the Juvenile Justice System Ordinance, 2000. It is the case of the applicant that IIIrd Additional Sessions Judge, Karachi (South) had wrongly transferred the case to the Court of 1st Additional Sessions Judge, Karachi (South) inasmuch as accused/respondent No. l Muhammad Nadeem was not a juvenile at the time of commission of the offence in view of the reports of the Police Surgeon and the Medical Board. It may be noted that copies of the birth certificate and certificates issued by the Educational Institution are available on record and it is not known as to why in the presence of such material, accused/respondent No.l Muhammad Nadeem was referred to the Police Surgeon and the Medical Board for determining his age. It is a settled law that where birth certificate and other documents issued by the Educational Institution giving the date of birth of an accused are available on record then unless such certificates are held to be fraudulent and/or bogus, they are to be relied upon. If the complainant/applicant did not feel satisfied with the genuineness and validity of the birth certificate and other certificates issued by the Educational Institution, then he ought to have challenged the' same before the trial Court and filing of this transfer application under', section 526, Cr.P.C. in this Court was not warranted. In the circumstances, this transfer application is misconceived and not maintainable. Accordingly, it stands dismissed in limine alongwith the listed application. H.B.T./M‑165/K Application dismissed.