Law: Criminal Procedure Code (V of 1898)

Section: 526

Law: Penal Code (XLV of 1860)

Section: 302/34

Criminal Procedure Code (V of 1898)     S. 526 Penal Code (XLV of 1860), S.302/34 Transfer of case One of the accused persons only had filed an affidavit regarding an attack of the complainant party on them while on their way to Court showing an alleged apprehension of being killed by them No date and time of the alleged attack was given in the aforesaid affidavit Non filing of such affidavits by the other two accused (applicants) had weakened the case for transfer on ground of such apprehension Even no notice of the transfer application had been given by the accused to the Public Prosecutor as required by S.526(6), Cr.P.C. Application for transfer of the case on the face of it was frivolous, vexatious and misconceived and the same was dismissed accordingly with the direction to the accused to pay Rs.500 as compensation to the respondent.   Ghulam Mustafa alias Khawand Bux v. Pinyal and others 2000 PCr.LJ 143 ref.   Abdul Hakeem Khan Bijarani for Applicants.   Gul Hassan Solangi on behalf of Addl. A. G. for the State. ORDER This criminal transfer application under section 526, Cr.P.C. being tiled by applicants, who are accused in Crime No.15 of 1998 registered with Police Station Buxapur under sections 302, 34, P.P.C. and Sessions Case being 28 of 2000 is pending trial before 1st Additional Sessions Judge, Jacobabad. Although the respondent No.1 has not been served and Mr. Solangi, Advocate for Additional Advocate General is in attendance on behalf of the State. The main contention of Mr. Bijarani, Advocate for applicants is that the accused who are applicants in Sessions Case No.28 of 2000 were attacked by complainant party at Thul on their way to Court at Jacobabad and he has further contended that there is every possibility of being killed the applicants at the hands of the complainant party. In support of his application, he has only tiled an affidavit of one of the applicants Ghulam Shabir and no other applicants have tiled their affidavits and non filing of affidavits on behalf of Arbelo and Haji Qambeer who are applicants in the matter weakens the…

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