1990 PLP 298 (SCMR)
MUHAMMAD BASHIR Petitioner Versus THE STATE‑‑Respondent
| Citation | 1990 PLP 298 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Saad Saood Jan and Usman Ali Shah, JJ |
| Parties | MUHAMMAD BASHIR Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 298 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 298 (SCMR)?
The case was heard and decided by the High Court bench comprising: Saad Saood Jan and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 298 (SCMR) (MUHAMMAD BASHIR Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Abul Asim Jafri, Advocate‑on‑Record and Sh. Khalil‑ur‑Rahman, Advocate Supreme Court for Petitioner.
- Date of hearing: 18th September, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore, passed in Cr. Miscellaneous No. 125‑T of 1989). ‑‑‑S.379/411‑‑‑Constitution of Pakistan (1973), Art, 185(3)‑‑‑Petition for transfer of case‑‑‑No good ground for consideration was advanced by petitioner for transfer of case‑‑‑Leave to appeal was refused and petition was dismissed in circumstances. Nemo for the State.
Judgment & Decree
‑‑‑S.379/411‑‑‑Constitution of Pakistan (1973), Art, 185(3)‑‑‑Petition for transfer of case‑‑‑No good ground for consideration was advanced by petitioner for transfer of case‑‑‑Leave to appeal was refused and petition was dismissed in circumstances. S. Abul Asim Jafri, Advocate‑on‑Record and Sh. Khalil‑ur‑Rahman, Advocate Supreme Court for Petitioner. Nemo for the State. Date of hearing: 18th September, 1989. USMAN ALI SHAH, J.‑‑Muhammad Bashir petitioner alongwith one Muhammad Shari were tried by the learned Magistrate Ist Class, Sheikhupura under section 379/411, P.P.C. During the trial the petitioner moved an application under section 249‑A, Cr.P.C. on which no decision was given by the trial Magistrate. The petitioner then moved another application to the Sessions Judge for the transfer of his case to some Court which was dismissed. In the presence of the witnesses before the trial Magistrate, the petitioner submitted that he was going to take oath on the Holy Quran regarding his innocence in the said case but the Magistrate disclosed that he would accept the statements of P.Ws. instead of the petitioner's oath on the Holy Qur'an. The petitioner then filed Cr. Misc. No. 125 of 1989 before the Lahore High Court which was dismissed vide order dated 27‑6‑1989. Hence this petition for leave to appeal by the petitioner. After hearing the learned counsel for the petitioner in support of this petition we are satisfied that no good ground for the transfer of the case was advanced by him for the consideration of this Court. Therefore, we dismiss this petition and refuse leave to appeal. N.H.Q./M‑1144/S Petition dismissed.