Law: Criminal Procedure Code (V of 1898)

Section: 526

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 8th December 1969, in Criminal Transfer Application No. 131 of 1969).   Criminal Procedure Code (V of 1898), ----- -----S. 526-Transfer of Criminal cases-Opposite-party alleged to be desperate and influen tial persons and threatening petitioner and her witnesses with dire consequences -Transfer on this ground sought to a particular place also in same province -Apprehension of such danger existing even there-Transfer application held, rightly rejected by the High Court in circumstances-Superintendent of Police, however, directed to provide police escort for petitioner and her witnesses on dates of hearing. Date of hearing : 7th January 1970. ORDER WAHIDUDDIN AHMAD, J.-Respondents Nos. 2 to 8 and one Abdullah, since dead, had been challaned in the Court of Civil Judge and First Class Magistrate at Naushero Feroze under sections 364/149/452 and 148, P. P. C. on the 13th February 1969. The petitioner's husband filed a criminal transfer applica tion known as No. 88 of 1969 in the High Court of West Pakistan, Karachi Bench, in September 1969. A learned Single Judge of the High Court, by order dated the 13th October 1969, transferred the said case from Naushero Feroze to the Court of Mr. Muhammad Saleh Memon, Civil Judge and First Class Magistrate at Tando Allahyar and directed him to proceed with the case from the stage where he left it at Naushero Feroze and disposed it of expeditiously. The petitioner was not satisfied with this order. She moved another transfer application under section 526, Cr. P. C. known as Criminal Transfer Application No. 131 of 1969 and prayed that as her life and the lives of her witnesses were in danger the case may be transferred to some Court in Hyderabad city. By order dated the 8th December 1969, the same learned Single Judge dismissed the petition. The petitioner seeks permission to file an appeal against the said order. In support of the petition, Mr. Nasiruddin, learned counsel for the petitioner, has contended that respondents Nos. 2 to 8 are…