Case Details

Citation(s)
1973 SLG 57 1973 SLD 57 1973 SCMR 135
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. 227 of 1972, decision dated: 1st February 1973.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 19th June 1972, in Criminal Miscellaneous No. 1548 of 1968)
SAJJAD AHMAD AND WAHEEDUDDIN AHMAD, JJ
M. Arif, Advocate Supreme Court instructed by Ejaz Ahmad Khan, Advocate-on-Record for Petitioner. Nemo for the State

MUHAMMAD HAFEEZ CHUGHTAI

VS

THE STATE AND ANOTHER

Law:

Section:

Criminal Procedure Code (V of 1898), S. 526 (e)-Transfer of criminal cases-High Court-Amply empowered to transfer any case pending at one place to any other place within its jurisdiction-Insti­tution of complaint in wrong jurisdiction-Does not mean end of complaint so as to disable its transfer to right jurisdiction. JUDGMENT SAJJAD AHMAD, J.-A complaint' was filed against the petitioner .by the Chairman, Union Committee, Ward No. 56, Lahore, on the complaint of the petitioner's wife, Mst. Shamim Akhtar. under section 6 of the Muslim Family Laws Ordinance, 1961, for having allegedly contracted a second marriage with one Mst. Naheed Akhtar at Rawalpindi, without seeking the previous permission of the Arbitration Council. The complaint was marked for disposal to the Ilaqa Magistrate by the Deputy Commissioner, Lahore. The petitioner appeared before the Magistrate and objected to his jurisdiction to try the case, on the ground that he had no jurisdiction to try the case as the offence had been committed in Rawalpindi and not in Lahore within his territorial jurisdiction. This application was rejected. The petitioner then moved the High Court under section 561-A, Cr. P. C., praying for quashment of the proceedings on the ground of lack of jurisdiction on the part of the Lahore Magistrate to…
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