Law: Criminal Procedure Code (V of 1898)

Section: 526

Law: Pakistan Penal Code, 1860

Section: 302,148,149,109

Criminal Procedure Code (V of 1898)--- ----S. 526---Penal Code (XLV of 1860), Ss.302, 148, 149 & 109---Notification No.7886/RHC/MIT dated 25-5-1999---Qatl-i-amd, rioting, common object, abetment---Transfer of case---Offence having been committed in the area of Police Station at place 'C', FIR stood registered against accused and their trial was being held at place 'C'---On the application of accused, trial court at place 'C' to which case was entrusted, transferred case to the court at place 'S'---Complainant had filed petition under S.526, Cr.P.C. for transfer of case in court at place 'C'---Accused were indicted for murder of two persons, it was genuine concern of the complainant and the witnesses that their life would be in danger if they had to go to place 'S' on various dates of hearing---Offence having been committed at place 'C', if the trial was to be concluded swiftly, it would be convenient for the complainant and his witnesses to appear at place 'C'---Other FIR had also been registered against accused, and their trial in that case was being held at place 'C'---Accused apprehended that, if their trial would be held at place 'C', they would be done to death by the complainant party---Apprehension of accused persons was baseless, as there was no evidence to substantiate their allegations/ apprehension---Option as granted by Notification No. 7886 RHC/MIT dated 25-5-1999, was to be exercised before the case was sent up by the Magistrate for trial before the Sessions Judge, but no such wish was expressed by accused before the Magistrate nor such demand was made before the Sessions Judge. ORDER MAHMOOD AHMAD BHATTI, J.---Saqlain Asad, the petitioner has filed this petition under section 526, Cr.P.C. for the transfer of case FIR No. 67/2013 dated 7-3-2013 registered under sections 302, 148, 149 and 109, P.P.C. at Police Station Ghazi Abad, Chichawatni, District Sahiwal from the Court of Mr. Zubair Aziz Cheema, learned Additional Sessions Judge, Sahiwal, to another Court of competent jurisdiction at Chichawatni. 2. The background in which the instant transfer application has come to be filed is that the petitioner lodged the aforementioned FIR against…

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