Law: Criminal Procedure Code (V of 1898)

Section: 526

  Criminal Procedure Code (V of 1898)--- ----S.526---Rule as to transfers in counter-cases is that cases of the character should be so placed that trial takes place and concludes in one forum as it ensures convenience of parties and of witnesses on the one hand and results in avoidance of conflict of decisions on the other---Trial before one Court and at one venue also makes it possible for trial Court to examine cases in their entire perspective with the added advantage of recourse to whole record available before it, so that the controversy can be more effectively, justly and conveniently disposed of. Taj Masih v. The State and 5 others 1986 P Cr. L J 671; Muhammad Idress alias Din Muhammad v. The State and 23 others 1986 P Cr: L J 1679 and Akram Khan and 6 others v. The State and 7 others 1989 P Cr. L J 183 ref. Criminal trial-- ---- Counter cases---Counter-cases are those which pertain to the same occurrence or incident between the same or similar parties, purportedly advancing different versions to serve or project the conflicting interests involved. Criminal Procedure Code (V of 1898)--- ----S.526---Transfer  of  case---Versions  in  two  F.I.Rs.  were  clearly counter-versions---Court at Sukkur was nearer---Applicants could genuinely apprehend danger at the hands of opposite party at a far-off and sparsely populated area as Kandh Kot and reprisal was likely to come from other side to which a faint reference had also been made---Case pending in Sessions Court at Kandh Kot was consequently transferred to Sessions Court at Sukkur. Taj Masih v. The State and 5 others 1986 P Cr. L J 671; Muhammad Idress Alias Din Muhammad v. The State and 23 others 1986 P Cr. L J 1679; Akram Khan and 6 others v. The State and 7 others 1989 P Cr. L J 183; Jamil Ahmed v. Azam and 2 others 1988 P Cr: L J 841 and Mst. Sharam Khatoon Alias Hakimzadi v. The State and 7 others 1970 S C M R 536-ref. Criminal Procedure Code (V of 1898)--- ---S.526---One aspect of a case for transfer is convenience to parties or witnesses or in the alternative apprehended violence or harassment to either. Criminal Procedure Code (V of 1898)--- ----S.526---Unless…