2021 PLP 1914 (MLD)
SHAFQUAT HUSSAIN — Applicant/Complainant Versus The STATE and another — Respondents
| Citation | 2021 PLP 1914 (MLD) |
| Forum / Court | Sindh (Sukkur Bench) |
| Bench Members | N/A |
| Parties | SHAFQUAT HUSSAIN — Applicant/Complainant Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2021 PLP 1914 (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 2021 PLP 1914 (MLD)?
The case was heard and decided by the Sindh (Sukkur Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 1914 (MLD) (SHAFQUAT HUSSAIN — Applicant/Complainant Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- AFTAB AHMED GORAR, J.----Mr. Nadeem Ahmed Malik Advocate files Vakalatnama on behalf of respondent No.2. He also files objections on behalf of said respondent, which are taken on record.
- Learned Deputy P.G as well as learned counsel for respondent No.2 vehemently opposed the instant transfer application on the ground that no substantial ground or material has been brought on record by the applicant/complainant to justify the transfer of the above summary case.
Headnotes / Summary
S.526
Transfer of criminal case from one court to another
Scope
Applicant/complainant sought transfer of summary proceedings, submitted by Investigating Officer for disposal of FIR under C-class, from the court of Judicial Magistrate to any other competent court of law having jurisdiction mainly for the reason that the complainant had no hope of justice and fair disposal of the case, as attitude of the Magistrate was hostile towards him
No substantial ground or material was brought on record on the basis whereof, it could be said that the Magistrate was either prejudiced or biased against the applicant, which could justify the transfer of the summary case
Transfer application was dismissed.
Judgment & Decree
AFTAB AHMED GORAR, J.
Mr. Nadeem Ahmed Malik Advocate files Vakalatnama on behalf of respondent No.2. He also files objections on behalf of said respondent, which are taken on record. The applicant being complainant by way of instant Criminal Transfer Application under Section 526, Cr.P.C., has sought for transfer of summary proceedings, submitted by the I.O., for disposal of case/FIR No.222 of 2019 registered at P.S, B-section, Khairpur under Section 376, P.P.C., under C-class, from the Court of learned Judge, Consumer Protection Court/Judicial Magistrate Khairpur to any other competent Court of law having jurisdiction mainly for the reason that the applicant has no hope of justice and fair disposal of the case, as attitude of learned Magistrate is hostile towards the applicant. Learned Deputy P.G as well as learned counsel for respondent No.2 vehemently opposed the instant transfer application on the ground that no substantial ground or material has been brought on record by the applicant/complainant to justify the transfer of the above summary case. Heard learned counsel for the applicant, learned counsel for the respondent No.2 as well as learned Deputy P.G for the State. Admittedly, above summary report is pending before learned Magistrate for disposal in accordance with law. No substantial ground or material has been brought on record on the basis whereof, it could be said that the learned Magistrate is either prejudiced or biased against the applicant, which may justify the transfer of the summary case. In view of the above discussion, this Crl. Transfer Application being devoid of any merit stands dismissed. Before parting with this order, it is necessary to give direction to the learned Judge, Consumer Protection Court/Judicial Magistrate, Khairpur to decide the summary report within a period of 15-days after providing an opportunity of hearing to both the parties, in accordance with law and compliance report be submitted to this Court through Additional Registrar. SA/S-104/Sindh Application dismissed.