Case Details

Citation(s)
1996 SLG 1348 1996 SLD 1348 = 1996 PLD 189
Lahore High Court
Criminal Miscellaneous No. 360/T of 1995, decided on 30thNovember, 1.995.
IJAZ NISAR, J

SURRAYA BEGUM ervsTHE STATE and another --Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 526(3)

Law: Pakistan Penal Code (XLV of 1860)

Section: 302

(a) Criminal Procedure Code (V of 1898)------- S. 526 --- Transfer of case---"Party interested"---Connotation --- Expression "party interested" appearing in S.526(3), Cr.P.C. though not defined by the legislative, but generally speaking the State as the prosecutor, the accused persons,. the complainant or the witnesses are the parties interested in and concerned with the case and anyone of them may make an application under S.526, Cr.P.C.'---Such category of "party interested" cannot be enlarged so as to include even. relatives of the parties, otherwise any person claiming relationship with the parties may move a transfer application for ulterior motive resulting in unnecessary delay in the conclusion of the trial.--[Words and phrases].(b) Criminal Procedure Code (V of 1898)-------- S. 526 --- Penal Code (XLV of 1860), S.302 --- Transfer of case --- Transfer application had neither been moved by the State or by the complainant or any of the prosecution witnesses, nor was any good ground shown for transfer of the case on Court's own initiative under S.526(3), Cr.P.C.---Such a petitioner had no locus standi to seek transfer of the case---Petition was dismissed in limine in circumstances.ORDER This is an application under section 526, Cr.P.C. for the transfer of a case under section 302, P.P.C. from.the Court of Mr. Ikram-ul-Haq, Additional Sessions Judge, Faisalabad. 2. Surayya Begum petitioner contends that her brother was murdered by Liaqat Ali etc. respondents. The deceased's brother-in-law reported the matter to the police but later joined hands with the accused and is now trying for their acquittal. The respondents have moved a bail application ' in the Court of Mr. Ikram-ul-Haq, Additional Sessions Judge, Faisalabad and when she appeared and apprised the Court of the true position, .it compelled her to effect a compromise with the accused-respondents. 3. In reply to a query…
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