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Keywords: Cross-Examination, Defence, Examination, Magistrate, Order, Prosecution, Trial Court, Court Of Law, Grounds, Proceedings, Petitioner, Permission, High Court Result: Order accordingly JUDGMENT This is a Transfer Application under section 526, Cr. P. C. moved by Mushtaq Akhgar petitioner, against Daraya Minwala and the State requesting that the criminal case instituted on the direct complaint of the respondent Daraya Minwala under section 500, P. P. C. now pending against the petitioner and four other co-accused in the Court of the learned City & A. D. M., Karachi be transferred from his Court to any other Court competent to deal with it or it may be transferred to this High Court for the purpose of trial on the original side. 2. The only allegation on which the transfer was being sought on behalf of the petitioner was grounded on the following grounds:- 3. The criminal case referred to above was fixed for hearing on 3-6-1971 when the complainant was examined-in-chief by the prosecution. Besides the present petitioner as already mentioned there were four other co-accused also with him facing the trial. On that day, the learned counsel for the present petitioner namely, Mr. S. Raza Abbas Naqvi was already engaged by the co-accused in the case, namely, Badre Munir but he was also briefed on behalf of the present petitioner on that very day perhaps in the court-room and, therefore, according to him he had not obtained any instructions from him. After the examination-in-chief of the complainant was over the present petitioner's counsel Mr. S. Raza Abbas Naqvi cross-examined the complainant on behalf of his client the co-accused Badre Munir which he finished. According to him, he then requested the learned trial Magistrate to allow him to cross-examine further the complainant on behalf of the other accused in the case i.e. the present petitioner Mushtaq Akhgar on whose behalf he requested the Magistrate he had been engaged on that very day but the learned Magistrate declined to allow him to cross-examine the complainant further as prayed for by the petitioner's counsel. Remarks of the learned trial Magistrate have been called for by this Court and in his…

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