Law: Civil Procedure Code (V of 1908)

Section: 24

Civil Procedure Code (V of 1908)--- ----S.24---General power of transfer and withdrawal---Scope---Petitioners sought transfer of certain civil as well as criminal cases from one district to another district on the ground that they had apprehension of an untoward incident on behalf of respondents while travelling from their district towards the place of trial---Validity---Merely on the ground of apprehension of any untoward incident, cases could not be transferred from one district to another---Court must be satisfied that there were reasonable grounds to suppose that the petitioners would not receive fair and impartial trial and would not get justice from particular court---Petition was dismissed. Akhond Muhammad Ali for Petitioners. Muhammad Ali for Respondents. Date of hearing: 2nd November, 2021. ORDER ALI BAIG, CJ.----The instant petition under section 24, C.P.C. has been filed by the petitioners for transfer of the following cases: (i) Civil Appeal titled "Ahliyan Mehdi Abad v. Ahliyan Katishu Dapa (ii) Application under Order XXXIX, Rule 1(2), C.P.C. (iii) Application under Order XXXIX, Rule 2(3), C.P.C. titled "Ahliyan Katishu Dapa v. Ahliyan Mehdi Abad" (iv) Application under Order XXXIX, Rule 2(3), C.P.C. titled "Ahliyan Mehdi Abad v. Ahliyan Katishu Dapa" (v) State v. Ahliyan Katishu Dapa; FIR No.01/21 (vi) State v. Ahliyan Mehdi Abad; FIR No.02/21 (vii) State v. Mehboob and others; FIR No.03/2021; from the Court of learned Addl. District and Sessions Judge, Kharmang to any other Court of competent jurisdiction at Skardu. 2. The learned counsel for the petitioners contended that the petitioners are residents of Katishu and have to proceed to Tolti Kharmang to appear in the Court of learned Addl. District and Sessions Judge Kharmang in the above cases by crossing the village Mehdi Abad. The learned counsel for the petitioners further contended that recently untoward incident between the residents of Katishu and Mehdi Abad was taken place and consequently many criminal cases have been registered by the parties against each other, which are subjudice before learned ADSJ Kharmang. The learned counsel for the petitioners further contended that the…

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