| Citation(s) |
|---|
| 1980 SLG 1740 1980 SLD 1740 1980 PCRLJ 1226 |
Sindh High Court
Criminal Transfer Application No. 4 of 1980, 31/05/1980
ABDUL HAQEE KURESHI, J
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Criminal Transfer Application No. 4 of 1980, 31/05/1980
ABDUL HAQEE KURESHI, J
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Hussain Aftah
VS
The STATEOpponent
Law:
Section:
Keywords: Surety, Prejudice, Order, Compliance, Procedure, Copy, Petitioner, Proceedings, Investigation, Grievance, Magistrate, Notice, Disposed Of, Information, Permission Result: Petition dismissed JUDGMENT The present transfer applications have been filed by Hussain Aftab seeking transfer of 15 cases under section 420/468/511, P. P. C. From the Court of the Sub-Divisional Magistrate. Harbour, Karachi. It seems that the petitioner is involved in 15 similar cases on similar allegations. By this order Transfer Applications Nos. 4/80, 5180, 6/80. 7/80, 8/80, 9/80, 10/80, 11/80, 12/80, 13/80, 14/80, 15/80, 16/80, 17/80, 18/80, are being disposed of as the points of facts and law are common. 2. First Information reports were filed by the Federal Investigation Agency in each one of these cases and after usual investigations the cases were sent up for trial. On 20-12-1979 the cases stood transferred before the Sub-Divisional Magistrate, from which Court transfer of these cases is sought. 3. Mr. Riaz-ul-Hasan has appeared for the applicant in all these cases and the State was represented by Mr. Abdul Sattar Shaikh, Additional Advocate-General. Mr. Riaz-ul-Hasan has urged before me that the Sub-Divisional Magistrate acted wrongly in rejecting the application for adjournment of the cases on ground of sickness of the applicant. He has further urged that the Sub-Divisional Magistrate was prejudiced against the applicant as he thought that the applicant had made complaints against the Magistrate before the Army Authorities. Mr. Riaz-ul-Hasan has, however, stated that in fact the applicant had made no such complaints. 4. I have examined the diary of the case, a copy of which has been placed on the record. The cases came to be tried by the Magistrate who is presently dealing with it on 20-1-1978. As from this date until 14-2-1980 the cases were fixed in Court on 19 successive dates of hearing. Except on one date of hearing the applicant had remained absent so that the cases could not proceed. The Sub-Divisional Magistrate had been granting…
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