1982 P Cr (PLP)
KHADIM HUSSAIN‑Petitioner Versus THE STATE AND 2 OTHERS‑Respondents
| Citation | 1982 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Lehrasap Khan, J |
| Parties | KHADIM HUSSAIN‑Petitioner Versus THE STATE AND 2 OTHERS‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑ |
Q1: What are the key laws and sections cited in 1982 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1982 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Lehrasap Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1982 P Cr (PLP) (KHADIM HUSSAIN‑Petitioner Versus THE STATE AND 2 OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khan Lai Khan Baluch for Petitioner.
- Date of hearing : 6th June, 1982.
Headnotes / Summary
‑‑ S. 526 ‑ Transfer of criminal cases ‑-- Transfer application supported by affidavits of five residents of locality in addition to an affidavit sworn by petitioner himself alleging that accused party approached him accompanied by a relative of trial Judge and impressed upon him to effect compromise with accused otherwise they would ensure that accused were acquitted‑Trial Judge not denying his relationship with such person‑Case pending before such trial Judge withdrawn and entrusted to another Sessions Judge, in circumstances. Muhammad Nawaz for the State.
Judgment & Decree
Khan Lai Khan Baluch for Petitioner. Muhammad Nawaz for the State. Date of hearing : 6th June, 1982. The contents of the report submitted by the learned Additional Sessions Judge, have been perused and considered.
2. The learned Additional Sessions Judge has reported that the allegations in the present application about the interest shown in the matter by his relative namely Ch. Asghar Ali Jat ;were unfounded. He has, however; not denied his relationship with the said Asghar Ali Jat.
3. It is mainly alleged in the transfer application that big Zamin dars of the Ilaqa who were supporters of the accused party approached the complainant accompanied by Ch. Asghar Ali Jat, and impressed upon him to effect compromise with the accused otherwise they would ensure that .the accused are acquitted. There are affidavits sworn by five residents of Ahmadpur Sial and Garh Maharaja in addition to an affidavit sworn by the petitioner himself in support of the allegations made in the transfer application.
4. In the light of the allegations made in the transfer application which are supported by affidavits of five different persons and in view of the established principle that justice should not only be done but it should manifestly appear to have been done, it is deemed appropriate that the Sessions case in question be transferred from the Court, of Ch. Ihsan‑ul‑Haq Bhalli, Addl. Sessions Judge. It is, therefore, directed that the Sessions case titled "The State v. Muhammad Sharif etc." pending in the Court of Ch. Ihsan‑ul‑Haq Bhalli, Addl. Sessions Judge Jhang, be vrithdrawn from the said learned Court and should be either tried by the learned Sessions Judge, Jhang, himself or be entrusted to some other Additional Sessions Judge posted at Jhang other than Mr. Ihsan‑ul‑Haq Bhaili. Petition allowed.