Law: Criminal Procedure Code (V of 1898)

Section: 526

Law: Pakistan Penal Code, 1860

Section: 365

Law: Anti Terrorism Act, 1997

Section: 6,7

Criminal Procedure Code (V of 1898)--- ---S. 526---Transfer of case---Ground raised was that applicant apprehended serious danger to his life and liberty at the hands of complainant and area police---No particular incident, date or time had been disclosed, nor applicant had alleged that any miscellaneous application was ever moved by him or by the co-accused with any forum or authority including police for the purpose of protection etc.---Even name of particular person had not been disclosed, who issued threats to him of dire consequences, nor version of the applicant had been supported by any body, nor copy of application was produced from which prima facie appeared that, he received threats and had a reason or ground for moving the transfer application---High Court dismissed the application, in circumstances. Alamzeb v. Kamal Nasir and others PLD 2005 SC 362 and Gul Muhammad and 4 others v. Zawar Hussain and another 2000 PCr.LJ 1217 rel. THIS ORDER PASSED BY: GHULAM DASTAGIR A. SHAHANI, J.--- This application is moved on behalf of applicant namely Noor Ahmed Rind for transfer of Sessions case No. 462 of 2007, State v. Noor Ahmed Rind and others, under sections 6/7 ATA, 365, P.P.C. AND 17(4) E.H.O. in Crime No.21 of 2006 of Police Station Bulri Shah Karim, from the file of learned Sessions Judge, Tando Muhammad Khan to any other District, on the ground that applicant apprehends serious danger of his life and liberty at the hands of complainant and Tando Muhammad Khan police. As such it is so difficult for him to appear before the trial Court at Tando Muhammad Khan. Heard learned counsel for applicant, who mostly repeated the same facts. He referred an unreported case of Sardar Sher Muhammad Rind v. The State in Criminal Transfer Application No.52 of 2007, decided at principal seat of this Court vide order, dated 7-8-2007. On the other hand Mr. Allah Bachayo Soomro, learned Additional A.G. states that danger of life from the hands of complainant party or police is not a ground for transfer of the case from the file of one Court to another. Even otherwise no particulars have been disclosed nor quoted any precedent nor submitted any copy of application moved with…

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