1985 PLP 801 (MLD)
NAWAZ KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 1985 PLP 801 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Javid Iqbal, C J |
| Parties | NAWAZ KHAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1985 PLP 801 (MLD)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 801 (MLD)?
The case was heard and decided by the Lahore bench comprising: Javid Iqbal, C J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 801 (MLD) (NAWAZ KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Muhammad Baqir Gardezi for Petitioner.
Headnotes / Summary
S. 526--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12--Penal Code (XLV of 1860), S. 377--Case pending trial In Court of Sessions Judge--Sessions Judge admitting in his comments that complaint was against accused who was clerk in Office of Sessions Judge--Accused, held, had genuine apprehension that he might not get justice in case against him--Case transferred in circumstances.
S. 526--Penal Code (XLV of 1860), S. 377--Offence of Zinc (Enforcement of Hudood) Ordinance (VII of 1979), S. 12--Transfer of case--case pending trial in Court of Sessions Judge--Transfer application found to be genuine--No Additional Sessions Judge posted in concerned District--Accused having no objection to transfer of case to Court of a nearer District--Case transferred to Sessions Court of another District nearer to concerned District. Akhtar Shabir A.A.-G. for the State.
Judgment & Decree
S. 526--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12--Penal Code (XLV of 1860), S. 377--Case pending trial In Court of Sessions Judge--Sessions Judge admitting in his comments that complaint was against accused who was clerk in Office of Sessions Judge--Accused, held, had genuine apprehension that he might not get justice in case against him--Case transferred in circumstances. (b) Criminal Procedure Code (V of 1898)
S. 526--Penal Code (XLV of 1860), S. 377--Offence of Zinc (Enforcement of Hudood) Ordinance (VII of 1979), S. 12--Transfer of case--case pending trial in Court of Sessions Judge--Transfer application found to be genuine--No Additional Sessions Judge posted in concerned District--Accused having no objection to transfer of case to Court of a nearer District--Case transferred to Sessions Court of another District nearer to concerned District. Syed Muhammad Baqir Gardezi for Petitioner. Akhtar Shabir A.A.-G. for the State. This is an application under section 526, Cr.P.C. for transfer of criminal case under section 377, P.P.C. read with section 12 of Offence of Zina (Enforcement of Hudood) Ordinance 1979 against the petitioner registered at Police Station Bhakkar on 2-11-1964 at the instance of Mazhar Qayyum complainant at present pending before Ch. Muhammad Rafique, Sessions Judge, Bhakkar. I directed the Sessions Judge Bhakkar to send parawise comments on, this application. it is . admitted in the comments that the complainant in this case as against the petitioner is a clerk in the office of Sessions Judge Bhakkar and A although learned Sessions Judge Bhakkar had stated that the apprehension of the petitioner to the effect that the complainant might exercise influence on him is baseless, it can be said the petitioner has a genuine apprehension that he might not get justice in the case against him. In that view of the matter, I am of the view that it .would be better if the case is transferred to some other Court. Learned A.A.-G. tells me that there is no Additional Sessions Judge at Bhakkar to whom the case can be entrusted and that, therefore, it will have to go to Mianwali which is near Bhakkar. Learned counsel for the petitioner has no objection. Consequently I direct the Sessions Judge Bhakkar to transfer the said case to the Sessions Judge, Mianwali who should either hold the trial himself or entrust it to some Additional Sessions Judge in Mianwali for the disposal of this case. With these observations this petition is disposed of. S . A . Petition accepted.