P L D 1996 Lahore 189 (PLP)
SURRAYA BEGUM ‑‑‑ Petitioner Versus THE STATE and another ‑‑‑ Respondents
| Citation | P L D 1996 Lahore 189 (PLP) |
| Forum / Court | ‑‑‑‑ S. 526 ‑‑‑ Transfer of case‑‑‑"Party interested"‑‑‑Connotation ‑‑‑ Expression "party interested" appearing in S.526(3), Cr.P.C. though not defined by the legislative, but generally speaking the State as the prosecutor, the accused persons,. the complainant or the witnesses are the parties interested in and concerned with the case and anyone of them may make an application under S.526, Cr.P.C.'‑‑‑Such category of "party interested" cannot be enlarged so as to include even. relatives of the parties, otherwise any person claiming relationship with the parties may move a transfer application for ulterior motive resulting in unnecessary delay in the conclusion of the trial.‑‑Words and phrases. |
| Bench Members | Ijaz Nisar, J |
| Parties | SURRAYA BEGUM ‑‑‑ Petitioner Versus THE STATE and another ‑‑‑ Respondents |
Q1: What are the key laws and sections cited in P L D 1996 Lahore 189 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1996 Lahore 189 (PLP)?
The case was heard and decided by the ‑‑‑‑ S. 526 ‑‑‑ Transfer of case‑‑‑"Party interested"‑‑‑Connotation ‑‑‑ Expression "party interested" appearing in S.526(3), Cr.P.C. though not defined by the legislative, but generally speaking the State as the prosecutor, the accused persons,. the complainant or the witnesses are the parties interested in and concerned with the case and anyone of them may make an application under S.526, Cr.P.C.'‑‑‑Such category of "party interested" cannot be enlarged so as to include even. relatives of the parties, otherwise any person claiming relationship with the parties may move a transfer application for ulterior motive resulting in unnecessary delay in the conclusion of the trial.‑‑Words and phrases. bench comprising: Ijaz Nisar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1996 Lahore 189 (PLP) (SURRAYA BEGUM ‑‑‑ Petitioner Versus THE STATE and another ‑‑‑ Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
(a) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑ S. 526 ‑‑‑ Transfer of case‑‑‑"Party interested"‑‑‑Connotation ‑‑‑ Expression "party interested" appearing in S.526(3), Cr.P.C. though not defined by the legislative, but generally speaking the State as the prosecutor, the accused persons,. the complainant or the witnesses are the parties interested in and concerned with the case and anyone of them may make an application under S.526, Cr.P.C.'‑‑‑Such category of "party interested" cannot be enlarged so as to include even. relatives of the parties, otherwise any person claiming relationship with the parties may move a transfer application for ulterior motive resulting in unnecessary delay in the conclusion of the trial.‑‑[Words and phrases]. (b) Criminal Procedure Code (V of 1898)‑‑‑‑ ‑‑‑‑ S. 526 ‑‑‑ Penal Code (XLV of 1860), S.302 ‑‑‑ Transfer of case ‑‑‑ Transfer application had neither been moved by the State or by the complainant or any of the prosecution witnesses, nor was any good ground shown for transfer of the case on Court's own initiative under S.526(3), Cr.P.C.‑‑‑Such a petitioner had no locus standi to seek transfer of the case‑‑‑Petition was dismissed in limine in circumstances. Petitioner in person.
Judgment & Decree
This is an application under section 526, Cr.P.C. for the transfer of a case under section 302, P.P.C. from.the Court of Mr. Ikram‑ul‑Haq, Additional Sessions Judge, Faisalabad.
2. Surayya Begum petitioner contends that her brother was murdered by Liaqat Ali etc. respondents. The deceased's brother‑in‑law reported the matter to the police but later joined hands with the accused and is now trying for their acquittal. The respondents have moved a bail application ' in the Court of Mr. Ikram‑ul‑Haq, Additional Sessions Judge, Faisalabad and when she appeared and apprised the Court of the true position, .it compelled her to effect a compromise with the accused‑respondents.
3. In reply to a query by the Court, Surayya Begum petitioner stated that she was neither the complainant nor the prosecution witness in the case sought to . be transferred. She was asked to produce a copy of the bail application moved by the accused but she expressed her inability. Size was also asked to give the date when she appeared before the Court and was forced to effect a compromise with the accused but she gave an evasive reply.
4. Under section 526, Cr.P.C. Only the .party interested can make an application to the High Court. The expression "party interested" is not defined by the Legislature but generally speaking the State as the prosecutor, the accused persons, the complainant or the witness are the parties interested in and concerned with the case and anyone of them may make an application under section 526, Cr.P.C. The above category of 'party interested' cannot be enlarged so as to include even relatives of the parties, because if this is allowed any person. claiming relationship with the parties may move a transfer application for ulterior motive resulting in unnecessary delay in the conclusion of the trial. As in the present case the transfer application has neither been moved by the State or by the complainant or any of the prosecution witness nor is any good ground shown for transfer of the case on my own initiative under section 526(3), Cr.P.C. I therefore, decline to entertain the application of the petitioner. The petitioner has no locus standi to seek transfer of the case. Consequently, the application is dismissed in limine. N.H.Q./S.492/1 Petition dismissed.