P L D 1955 Sind 10 (PLP)

MUHAMMAD BACHAL, J.--‑This is an application by Wali Muhammad, husband of complainant Ikramul Haq's sister, Noor Hussain and Noor Hasan brothers of Wali Muhammad and Ahmed Bakhsh, father of Wali Muhammad, for transfer of a case pending against them in the Court of the Mukhtiarkar and 2nd class Magistrate Hyderabad under sections 448, 323 and 504 P. P. C. to any Court in Karachi where they reside. Mr. Nasir‑ud‑Din for the Crown raised an initial objection to the transfer of the case from Hyderabad to Karachi on' the ground of jurisdiction. The Sind Courts Act VII of 1926 came into force from 15th April 1940 and under section 29 of the Government of India Act the Chief Court is the High Court for Sind. Article 9 of G. G. O. No. 15 of 1948 which came into force from 23rd July 1948 provides: "Subject to the provisions of subsection (3) of section 290‑A of the Act the Chief Court of Sind shall continue to be the High Court of Karachi and shall retain such jurisdic tion as it has immediately before the date appointed under Article 3". and by virtue of Notification 1st January, 1948 Kar, 23rd July 1948 was the date appointed under Article

3. The con tention of Mr. Nasir‑ud‑Din that this Court is (not ?) a joint High Court for‑ Karachi and Sind is not borne out by any pro vision. This Court continues to be the High Court for Karachi and Sind and all the Courts in Karachi and Sind are subordi nate to this Court which has jurisdiction under section 526 Criminal Procedure Code to transfer a case from one subordi nate Court‑to another though situated in two different provinces. Section 527 Criminal Procedure Code relied upon by Mr. Nasir‑ud‑din is not applicable to this case as that refers to two High Courts situated in two different provinces. But in this case there is one High Court for Sind and Karachi. There is no substance in the objections regarding jurisdiction. The main ground on which I am prepared to transfer the case is that of ends of justice. Wali Muhammad filed suit No. 1011 of 1953 in this Court for restitution of conjugal rights against his wife and her parents. On 14th October, 1953, he went to Hyderabad for service of summons on the defendants in that suit and the bailiff served the summons on the defendants in that suit. On the next day Ikramul Haq, brother of Wali Muhammad's wife, filed a complaint under sections 448, 323 and 50.6 P. P. C. against the present applicants alleging that on the previous day the applicants came from Karachi to their house and, began to drag up Ikramul Haq's sister forcibly telling her to accompany them to Karachi. Ikramul Haq and his mother intervened but the applicants began to beat them. On his cries three witnesses, Muhammad Sabir, Abdullah and Gul Hasan, came and pushed out the applicants from the house. The learned Mukhtiarkar and 2nd class Magistrate issued bailable warrants in the sum of Rs. 1,000 each, against all the. applicants. The applicants went from Karachi to Hyderabad to attend the Court on seven hearings. The case did not proceed on six hearings and on one of the hearings it was adjourned at the request of the Advocate of the accused. Ikramul Haq's sister and mother who are alleged to have been beaten were not cited as witnesses in the case. There has been unnecessary delay in the disposal of a petty case. Considering the circumstances of this case I direct that this case be transferred to the District Magistrate Karachi, who will either try the case himself or transfer the same to any other Magistrate under him. A. H. Case transferred.