Case Details

Citation(s)
2018 SLG 1361 2018 SLD 1361 2018 MLD 1156
Peshawar High Court
Transfer Application No. 14-M of 2017, decision & hearing Dated: 27-10-2017.
MOHAMMAD IBRAHIM KHAN, JUSTICE
RESPONDENTS: THE STATE THROUGH ADDITIONAL ADVOCATE GENERAL AND Arshad Khan for Petitioner. Rahim Shah, Astt: Advocate General and Muhammad Raziq for
Respondents.

MST. BIBI HALIMA

VS

THE STATE THROUGH ADDITIONAL ADVOCATE GENERAL AND 5 OTHERS

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.526---Penal Code (XLV of 1860), Ss.354, 506, 148 and 149---Pakistan Arms Ordinance (XX of 1965), S.13---Assault or criminal force to woman with intent to outrage her modesty, criminal intimidation, rioting, common object, possessing unlicensed arms---Application for transfer of case---Cases pending adjudication in the courts at District 'M', were sought by the applicant to be transferred to any other court outside the District 'M'---Applicant, being female was facing hardship at the hands of respondent, a practicing lawyer at District 'M'---Applicant apprehended that respondent could influence and use tactics including pressurizing the courts at "M"---Counsel for the respondents had no objection to such transfer---Transfer application filed by the applicant was allowed and all cases pending adjudication in the District "M", were transferred to the courts of competent jurisdiction situated at place 'T' for the safe administration of justice as well as keeping in view, the interest of both the parties---Transferor courts would immediately remit record of all cases to transferee courts. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, JUSTICE:---.--- There are two cases referred to by the learned counsel for the Petitioner, seeking transfer of the criminal trials pertaining to case FIR No. 344 dated 03.12.2014 under sections 506, P.P.C. & 13 A.O. registered at Police Station Batkhela District Malakand and case FIR No. 42 dated 06.04.2015 under sections 354, 506(ii), 148, 149, P.P.C. registered at Police Station Ether District Malakand from Sub-Division Batkhela to Tehsil Dargai Malakand. 2. These cases are under trial in the Court of learned Senior Civil Judge/A'ala IIlaqa Qazi Batkhela District Malakand and in one of the ibid cases bearing FIR No. 344 the complainant is an Advocate Inayatullah who is practicing lawyer at Batkhela Courts. He has charged the Petitioner Mst. Bibi Halima that on 03.12.2014 the complainant was present outside the Court of learned Civil Judge-II, when the Petitioner came there, took out her pistol from her purse and aimed at the complainant and was extended threats to be killed. She…
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