Law:

Section:

Keywords: Illegal, Practice, Orders, Failure To Comply, Evidence, Investigation, Reasonable Facilities, Criminal Misappropriation, Prosecution, Material Facts, Notice, Dispute, High Court, Examination, Procedure, Petitioner, Magistrate, Failure, Disposed Of, Liabilities, Endorsement, Discretion, Omission, Prima Facie, Apprehension, Order, Money, Objections, Registered, Determination, Summons, Defence, Trial Court, Proceedings, Verification, Compliance, Provisions, Cognizance, Records, Plea, Parties, Call Result: Application allowed JUDGMENT The petitioner is being prosecuted under section 406, P. P. C. Before the City and Additional -District Magistrate, Karachi to whom the case against the petitioner was transferred by an order the District Magistrate, Karachi dated 18th September 1968. This order of the District Magistrate contained observations which have created an apprehension in the mind of the petitioner that justice will not be done to him in the Courts subordinate to that of the District Magistrate; therefore he has filed this application under section 526, Cr. P. C. For the transfer of the case to this Court. 2. The material facts are that on 18th September 1968 the first respondent appeared before the Deputy Commissioner, Karachi with a letter containing complaints against the petitioner. According to the said letter, as the petitioner was in the employ ment of the first respondent, the first respondent had allowed him the use of his motor-car bearing No. KAB 5115, which he had dishonestly refused to return to him. It was also alleged that the petitioner had misappropriated monies given to him by the first respondent, therefore the first respondent requested the Deputy Commissioner to take action against the petitioner for "misappropriation of my car and money and get back the same from him." Treating it as a complaint, the Deputy Commissioner immediately passed the following order on the, letter. "Heard petitioner. It appears he is a big harasser. City and Additional District Magistrate to please look into." Apparently then the first respondent took this letter to the City and Additional District Magistrate, Karachi on the same day, and on the same…

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