1984 P Cr (PLP)

Criminal Procedure Code (V of 1898)

S.526--Transfer of criminal cases--Petitioner after her abduction and recovery shifting residence alongwith her parents from District _B to District J--Petitioner's apprehending that if She came to District 'B' for appearing in trial Court as witness she would be abducted by respondents once again, appearing to be genuine--Case transferred to District M for trial, in circumstances. M. Jamil Ahmed for Petitioner. Ashraf Azim for Respondents. Akhtar Shabbir, A.A.-G. for the State. Date of hearing: 23rd November, 1983. In continuation of my order, dated 15th October, 1983 learned counsel for the respondents is present. He states that the petitioners are to appear in the trial only for getting their statements recorded as witnesses and they can be provided police escort if they have any appre hension from the respondents. I have asked learned counsel for the respondents that if the case is transferred from the Court of Additional Sessions Judge, Bahawalpur to the Court of any Additional Sessions Judge, Multan then what would be his objection since Multan is not far-off from Bahawalpur. His reply is that it is discretion of this Court. The reason why the petitioners want the case to be transferred from Bahawalpur is that the case was registered under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 as against the respondents-for abduction of petitioner No. 1 , who is daughter of petitioner No.2, at the instance of petitioner No.2. The case was registered at police station Razman as the petitioners were then residing there. Since the registration of the case the petitioners have moved to District Jhang and they have apprehension that if they were to go to Bahawalpur where the trial was being conducted by Sheikh Ikram-ud-Din, Additional Sessions Judge, in order to pursue the aforesaid case, petitioner No. 1 may again be abdudcted by the respondents. Their apprehension appears to be genuine. Since this is the position in my view the trial can be held by any of the Additional Sessions Judge at Multan instead of being held at Bahawalpur and petitioner No.1 can also be provided police escort for her protection A at the time when her statement is to be recorded by the trial Judge in this case. I, therefore, direct Sheikh Ikram-ud-Din, Additional Sessions Judge, Bahawalpur to transfer the record of this case to the Sessions Judge, Multan so that he could entrust it to one of the Additional Sessions Judges at Multan in order to hold trial of the respondents. The additional Sessions Judge, Multan who is to hold the trial, is directed to order the prosecution to provide police escort to petitioner No. 1 for her protection on the day when her statement is to be recorded in this case as a witness. With these observations this petition is disposed of. M.Y.H. Case transferred.