Petitioner Nazar Muhammad through the instant petition has sought for transfer of private complaint under Sections 302 and 449 PPC brought by Respondent No, 2 Muhammad Yaseen against him from the Court of Mr. Parvez Ali Shah, learned Addl. Sessions Judge, Hafizabad to any other Court of competent jurisdiction at Pindi Bhattian, District Hafizabad.
2. Briefly the facts relevant for the disposal of the instant petition are that Respondent No, 2 Muhammad Yaseen has brought the above mentioned private complaint against the petitioner.
The same is pending before the aforesaid learned Addl. Sessions Judge, Hafizabad.
3. The petitioner has sought it's transfer from there to some competent Court at Tehsil Pindi Bhattian on the ground that the occurrence mentioned therein has taken place within the area of Police Station Sukheki, Tehsil Pindi Bhattian and hence, it ought to have been tried by a competent Court at Pindi Bhattian. His learned counsel has made his submissions on such line.
4. As against the same, learned counsel for Respondent No, 2 has opposed the request on the ground that the petitioner's trial in the complaint case had advanced considerably inasmuch as that the eye witnesses therein have been recorded and only some witnesses remain to be examined; that the learned Sessions Judge has made over the complaint case to the present Court as per the provision of sub-section (2) of Section 193 Cr.P.C. and it being, so, can competently be dealt with by the present Court; and that the petitioner did not raise such objection at the earliest and rather at such a belated stage, when his trial has gone considerably ahead and so, the present position may not be disturbed.
5. Learned DPG has urged nothing in the matter.
6. I have carefully considered the submissions made on behalf of the contesting parties and gone through the copies of the record annexed to the petition.
7. There is no denial to the fact that the complaint was made over to the present Court by the learned Sessions Judge, Hafizabad. He was competent to do so as per the provision of Section 193(2) Cr.P.C. The trial of the petitioner has commenced in the same and it has gone ahead considerably as statedly three eye-witnesses have been recorded therein and only few witnesses left to be examined.
8. It is also an admitted position on the record that the petitioner before filing the instant petition has never raised such objection before the learned trial Court. He, rather, has associated himself with the proceedings therein without raising even a figure regarding any such irregularity therein. It while under the provision of Section 537 Cr.P.C. has to be raised at the earliest.
9. In the above narrated facts and circumstances of the case, I have not been persuaded to accord acceptance to the plea of the petitioner for transfer of the said complaint case. The instant petition, therefore, is dismissed.