P L D 1998 Karachi 126 (PLP)
GHULAM HYDER — Applicant/accused Versus MUHAMMAD SADIQ and another — Respondents
| Citation | P L D 1998 Karachi 126 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | GHULAM HYDER — Applicant/accused Versus MUHAMMAD SADIQ and another — Respondents |
Q1: What are the key laws and sections cited in P L D 1998 Karachi 126 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1998 Karachi 126 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1998 Karachi 126 (PLP) (GHULAM HYDER — Applicant/accused Versus MUHAMMAD SADIQ and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Faiz Muhammad Qureshi for Applicant. Additional Advocate-General, Sindh for Respondents.
- It is averted in the application that there is old enmity between the complainant party and accused party as complainant party prior to this had murdered the cousin of the applicant/accused in which brother of the complainant was accused and the case was acquitted. In the present case complainant Sadiq is brother of accused Khuda Bux and the witnesses also belong to their brother, as such there is every likelihood of danger of life to the relatives of accused so also to accused due to old enmity. The case has not yet proceeded and the case was fixed on 7-5-1997 when complainant Sadiq came in the Court of Additional Sessions Judge, Sanghar alongwith witnesses and the atmosphere was such that there was every likelihood of quarrel however the brother of accused and his relatives slipped away from the Court premises. It is further averted that the relatives of the accused have to cross P.S. Jhol and that to reach District Sanghar and it will be convenient for the complainant as well as for the accused party that if the above case is transferred from the Court of Additional Sessions Judge, Sanghar to the Court of Additional Sessions Judge, Shahdadpur or to the Court of Additional Sessions Judge, Tando Adam. Reliance is placed on 1994 PCr.LJ 499; 1988 PCr.LJ 841 and 1994 PCr.LJ 722. Mr. Agha Khuda Bux Advocate appearing on behalf of State concedes for the transfer of case.
Headnotes / Summary
S. 526
Penal Code (XLV of 1860), S.302/34 [as substituted by Criminal Law (Second Amendment) Ordinance (XII of 1993)]
While considering the question of transfer of criminal case, convenience of accused and his witnesses was of paramount consideration in comparison to the convenience of complainant and his witnesses unless special reasons existed for not following such principle
Hostility existed and blood fued was going on between the parties and accused party had apprehension regarding their safety
Case was ordered to be transferred as prayed for by accused.
Judgment & Decree
The facts leading to the present transfer application are that applicant/accsued is facing trial under section 302, Qisas and Diyat Ordinance read with section 34, P.P.C. Crime No.6 of 1997 of Police Station Jhol in the Court of Additional Sessions Judge, Sanghar. It is averted in the application that there is old enmity between the complainant party and accused party as complainant party prior to this had murdered the cousin of the applicant/accused in which brother of the complainant was accused and the case was acquitted. In the present case complainant Sadiq is brother of accused Khuda Bux and the witnesses also belong to their brother, as such there is every likelihood of danger of life to the relatives of accused so also to accused due to old enmity. The case has not yet proceeded and the case was fixed on 7-5-1997 when complainant Sadiq came in the Court of Additional Sessions Judge, Sanghar alongwith witnesses and the atmosphere was such that there was every likelihood of quarrel however the brother of accused and his relatives slipped away from the Court premises. It is further averted that the relatives of the accused have to cross P.S. Jhol and that to reach District Sanghar and it will be convenient for the complainant as well as for the accused party that if the above case is transferred from the Court of Additional Sessions Judge, Sanghar to the Court of Additional Sessions Judge, Shahdadpur or to the Court of Additional Sessions Judge, Tando Adam. Reliance is placed on 1994 PCr.LJ 499; 1988 PCr.LJ 841 and 1994 PCr.LJ
722. Mr. Agha Khuda Bux Advocate appearing on behalf of State concedes for the transfer of case. Admittedly, hostility is existing between the parties and while considering the question of transfer of the case, convenience of accused and his witnesses is of paramount consideration in comparison to the evidence of the complainant and his witnesses unless there are special reasons for evading from this principle. Under the existing facts and circumstances of the case when blood fued is going on between the parties and petitioner/accused party has apprehension regarding their safety. I hereby direct that case may be withdrawn from the file of learned Additional Sessions Judge, Sanghar and be transferred to the Court of learned Additional Sessions Judge, Tando Adam. The application is disposed of. H.B.T./C-44/K Case transferred.