2010 PLP 1105 (MLD)
RAHIM BUX and 2 others — Applicants Versus MUHAMMAD MITHAL and another — Respondents
| Citation | 2010 PLP 1105 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | RAHIM BUX and 2 others — Applicants Versus MUHAMMAD MITHAL and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 1105 (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 2010 PLP 1105 (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: 2010 PLP 1105 (MLD) (RAHIM BUX and 2 others — Applicants Versus MUHAMMAD MITHAL and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- It is contended by the learned Advocate for the applicant the charge in this case has since been framed, but the case could not proceed as the Court is lying vacant since last 6 months. He, therefore, prays for transfer of the above Sessions Case from the Court of Additional Sessions Judge, Ratodero to Larkana. Mr. Ali Nawaz Ghanghro, Advocate files Vakalatnama for the respondent/complainant and raises no objection to the transfer of the case to any other Court of competent jurisdiction at Larkana and the learned State Counsel also concedes.
Headnotes / Summary
S.526
Penal Code (XLV of 1860), Ss.324 & 34
Attempt to commit qatl-e-amd
Application for
Applicant had sought transfer of Sessions case from the Trial Court at place `R' to any court at place on the ground that court at place was lying vacant
Complainant and State Counsel had raised no objection to transfer the case to any other court of competent jurisdiction at place `L'
Since the court at place `R' was lying vacant and case was fixed for hearing, coupled with the fact that the complainant as well as the State counsel had no objection to such transfer, case was withdrawn from the file of the court at place `R' and was transferred to the court at place with direction to conclude the case within a period of four months.
Judgment & Decree
KHADIM HUSSAIN M. SHAIKH, J
Applicant through this application seeks transfer of Sessions Case No.315 of 2008 based on F.I.R. No. 175 of 2008 Ratodero for offences under section 324, 34, P.P.C. from the Court of learned Additional Sessions Judge, Ratodero to any other Court of competent jurisdiction at Larkana. Notice of this application was ordered to State and private respondent Muhammad Mithal, who is complainant in this case. It is contended by the learned Advocate for the applicant the charge in this case has since been framed, but the case could not proceed as the Court is lying vacant since last 6 months. He, therefore, prays for transfer of the above Sessions Case from the Court of Additional Sessions Judge, Ratodero to Larkana. Mr. Ali Nawaz Ghanghro, Advocate files Vakalatnama for the respondent/complainant and raises no objection to the transfer of the case to any other Court of competent jurisdiction at Larkana and the learned State Counsel also concedes. Since the Court of Additional Sessions Judge Ratodero is lying vacant and the case is fixed for hearing coupled with the fact that the complainant as well as the State has no objection, the above Sessions Case is withdrawn from the file of learned Court of Additional Sessions Judge, Ratodero and is transferred to the learned Court of IInd Additional Sessions Judge, Larkana with the directions to conclude the case within a period of four months from today. Both the parties shall not seek any adjournment without any reasonable cause. This application is disposed of in the above terms. Order accordingly. H.B.T./R-32/K Case transferred.