Law: Criminal Procedure Code (V of 1898)

Section: 526

  Criminal Procedure Code (V of 1898)------   ----- S. 526-Mere fact that accused and his defence witnesses reside at considerable distance from place of trial-No ground for transfer-Besides convenience of parties, other circumstances also taken into consi deration-Vague allegation that accused would not get fair justice at place of trial-No ground for transfer.   Mst. Satbhari v. Mahomed Sidik A I R 1935 Sind 68; Sohan Lal v. Gopal Singh A I R 1926 Lah. 493 and P. H. Metcalfe v. J. Watson A I R 1924 Pat. 708 ref.   Date of hearing : 23rd December 1965.   JUDGMENT   This is an application under section 526, Cr. P. C. by Abdul Hakim for withdrawal of case No. 70/65 (Muhammad Akhtar v. Muhammad Hayat and others) under section 468/420, P. P. C. from the Court of Civil Judge and 1st Class Magistrate, Shahdadkot and its transfer to any of the Courts at Karachi. This prayer is vehemently opposed by Mrs. Salima Nasiruddin appearing for the State.   Main ground alleged by the applicant is that dispute is of civil nature. I find verylittle force in this contention at this stage as no evidence has yet been recorded by the trial Court.Copy of the complaint produced by the applicant shows that applicant Muhammad Hayat and 3 others had entered into agreement with the complainant Muhammad Akhtar at Shah dadkot in connection with claims matter. When the complainant found that he had been cheated and a forged agreement had been used he filed a complaint in the Court of Civil Judge and 1st Class Magistrate, Shahdadkot because it had jurisdiction to try the offenders. The learned Magistrate after holding preliminary inquiry registered the case and issued process against the offenders. In view of this position it cannot be said at this stage that the dispute is of civil nature.   Second ground urged before me was that complainant is a dangerous person and theapplicant apprehended that he would be murdered if to went to Shahdadkot to attend the bearings before the trial Court there. Apparently there is no evidence on record to support the appellant in respect: of this allegation also. He had gone to Shahdadkot and had entered into agreement…