MLD 1987

1987 PLP 2647 (MLD)

ABDUR REHMAN and others — Petitioners Versus FATEH KHAN — Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No.86-T of 1987, decided on 13th May, 1987.
Honorable Judges
Rustam S.Sidhwa, J
Case Reference Summary (AEO Optimized)
Citation 1987 PLP 2647 (MLD)
Forum / Court Lahore
Bench Members Rustam S.Sidhwa, J
Parties ABDUR REHMAN and others — Petitioners Versus FATEH KHAN — Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1987 PLP 2647 (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 1987 PLP 2647 (MLD)?

The case was heard and decided by the Lahore bench comprising: Rustam S.Sidhwa, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1987 PLP 2647 (MLD) (ABDUR REHMAN and others — Petitioners Versus FATEH KHAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Mehr Ghulam Ali Mubashir for Petitioners.
  • Maqbool Ahmad for Respondent No.1.

Headnotes / Summary

S.526--Penal Code (XLV of 1860), S.302/34--Transfer of case--Parties agreeing to proposed transfer of case--Order passed accordingly. Abdul Aziz for the State.

Judgment & Decree

S.526--Penal Code (XLV of 1860), S.302/34--Transfer of case--Parties agreeing to proposed transfer of case--Order passed accordingly. Mehr Ghulam Ali Mubashir for Petitioners. Maqbool Ahmad for Respondent No.1. Abdul Aziz for the State. This is a petition under section 526, Cr.P.C. by Abdur Rehman and Gola, petitioners, for the transfer of the case "State v. Gola Khan and others" under section 302/34, PPC from the Court of the Sessions in Khushab to any other Court of competent jurisdiction outside the district. 2. It appears that the aforesaid case was previously before the learned Sessions Judge, Khushab, but was transferred to an Additional Sessions Judge in the same district, under the order of this Court passed in transfer petition (Cr.Misc. No.210-T of 1986) decided on 10-11-1986. Since no Additional Sessions Judge was working in Khushab. the petitioners filed a transfer petition (Cr. Misc. 43-T of 1987) for the transfer of the said case outside the district. The said application was dismissed, as office report then disclosed that a new Additional Sessions Judge was about to be appointed in the Khushab district. At some later stage, on a petition (Cr. Misc. 62-B of 1987) being filed by the co-accused of the petitioners, a learned Single Judge of this High Court directed the transfer of .the raid case; the Court of the learned Sessions Judge. Sargodha. In view of order earlier passed by me in the transfer petition (Cr. Misc. 43-T 1987), the present petitioners have filed this seeking clarification of the conflict arising between my order dated 9-3-1987 and the of the learned Single Judge passed on the bail petition, on 9-3-198. 3. I have heard the arguments of the learned counsel for that petitioners, the respondent and the State. Learned counsel for the; parties are agreed that the case in question be permitted to be tried by the Court of the learned Sessions Judge at Sargodha.. In view of the last order of a learned Single Judge of this cited 9-3-1987, e it is so ordered accordingly. 4. This petition is, therefore, accepted and the case titled "State v. Gola Khan" under section 302/34, PPC shall now be 'teed by the learned Sessions .Judge, Sargodha. The direction given in the bail; order with regard to early disposal of this case shall stand and be' given effect to. M.Y.H./A-184/L Case transferee.