Law: Pakistan Penal Code (XLV of 1860)

Section: 148, 302/149, 98/149, 436/149, 452/142

Keywords: Petition, Travelling Expenses, Prosecution, Expenses, High Court, Prosecutor, Objections, Government, Magistrate, Petitioner, ProcedureResult: Case transferredJUDGMENT Shamsuddin, a resident of Liaqatabad, Karachi, instituted a complaint against Capt. Gauhar Ayub under sections 148, 302/149, 98/149, 436/149 and. 452/142, P. P. C. The complaint was ultimately entrusted to Mr. S. D. Qureshi, C. S. P., City & Addi tional District Magistrate, Karachi. On the 18th of January 1965 the learned trial Magistrate wanted to examine the complainant who, however, put it a petition on the 20th of January 1965, praying that the case be adjourned as he intended to move the High Court for the transfer of the case to the original side of the High Court. On the 24th of January 1965, Capt. Gauhar Ayub instituted a petition at Lahore under section 526, Cr. P. C. praying that the complaint case against him be transferred to the original side of the High Court but be tried at Lahore. In his petition and in his transfer application he submitted that the atmosphere A at Karachi was highly tense and that his life was also in danger. 2. A case can be transferred from one Bench to another by the Chief Justice. I, therefore, decided to hear both the petitions at Karachi. 3. I have heard Mr. Naqvi, learned counsel for the petitioner (Shamsuddin). He has raised the following two objections regarding the transfer of the case to Lahore. According to the learned counsel his client is not in a position to pay the travelling expenses of the witnesses from Karachi to Lahore. I do not see any force in this contention. If the case is tried by the High Court on its original side it will be a "trial", and…