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2008 SCMR 1537

SHAFI MUHAMMAD and others vs MUHAMMAD ISMAIL and another

Citation2008 SCMR 1537
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,29-K of 2005
Date2005-07-06
Judge(s)Sayed Saeed Ashhad, M. Javed Buttar
ResultCase remanded

ORDER

1. ' The trial, which is being faced by the petitioners, has been transferred from one District to another through the impugned order without granting opportunity of hearing to the petitioners/accused. So much so, they were not even made party to the proceedings and no notice was issued to them and apparently the impugned order has been passed because the Law Officer gave consent for the transfer of the trial to Sessions Judge, Malir, Karachi.

2. We have heard the learned counsel for the petitioners as well as learned counsel representing respondent No, 1/complainant. Since the petitioners were not granted any hearing at the time of passing of the impugned order, the learned counsel for the parties are in agreement to the remand of the case in the following manner:-- ' The impugned order/judgment shall stand set aside and the respondent No, l's application for transfer of the case/trial shall be deemed pending in which the petitioners shall be joined as party and the transfer application shall be decided afresh on merits after granting hearing to both the parties.

3. ' This petition is accordingly converted into appeal and allowed in the above terms. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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