' Asif Subhani, the complainant of case FIR No, 344/2014 dated 04.07.2014 registered under Sections 302, 148 & 149, PPC at Police Station Saddar Chichawatni, District Sahiwal as well as of private complaint filed under Sections 302, 324, 148 and 149, PPC read with Section 155-C of the Police Order, 2002 has filed this petition, seeking the transfer of the aforementioned FIR and the private complaint from the Court of Mr. Anjum Mumtaz Malik, Additional Sessions Judge, Sahiwal to another Court of competent jurisdiction at Tehsil Courts, Chichawatni.
2. Shortly stated, Saqib Subhani, brother of the complainant was murdered. The petitioner lodged the above-mentioned FIR at Police Station Saddar, Chichawatni. After completing the codal formalities, the Area Magistrate sent up the challan to the learned Sessions Judge, Sahiwal, who in turn entrusted the same to Mr. Anjum Mumtaz Malik, learned Additional Sessions Judge, Sahiwal for trial of the accused. Meanwhile the petitioner also filed a private complaint. In order to avoid the passing of the conflicting judgments, the complaint was also made over to the same Court.
3. The petitioner filed an application before the learned Sessions Judge, Sahiwal seeking the transfer of the challan case and the complaint from the Court of Mr. Anjum Mumtaz Malik, learned Additional Sessions Judge Sahiwal to a Court of competent jurisdiction at Tehsil Courts, Chichawatni on the ground that his life was in danger and it was an uphill task for him to appear before a Court at District Headquarters, Sahiwal. As it is, his application did not find favour with the learned Sessions Judge, Sahiwal, who dismissed the same vide order dated 07.02.2015.
4. In support of this application, it has been urged by the learned counsel for the petitioner/complainant that the occurrence took place in the area of Police Station Saddar, Chichawatni. The eyewitnesses to the occurrence also hail from there. It is alleged by him that the accused wield clout and influence and they are giving life threats both to the applicant/complainant and to the witnesses of the case. It is concluded by him that the transfer of the case from District Headquarters, Chichawatni would not cause any inconvenience to the accused.
5. On the other hand, learned counsel for the accused/respondents has supported the order dated 07.02.2015 passed by the learned Sessions Judge, Sahiwal. It has been pointed out by him that when the SHO Police Station concerned has been directed to beef up the security of the complainant and his witnesses, all his fears on that account have already been addressed and laid to rest.
6. As for the learned Deputy Prosecutor General, he found it difficult to defend the order dated 07.02.20105 passed by the learned Sessions Judge, Sahiwal.
7. I have heard the learned counsel for the parties and the learned Deputy Prosecutor General, besides perusing the record.
8. It is not in dispute that the murder of Saqib Subhani, brother of the applicant took place in the remit of Police Station Saddar, Chichawatni. To state the obvious, the alleged eye-witnesses to the occurrence also belong to that area. Regardless of the allegations made by the applicant that he and his witnesses are being given life threats, the fact remains/that there is a growing trend to threaten the witnesses. Keeping in view that the cases are adjourned in routine either due to the strikes of the members of the Bar or because of non-availability of the learned counsel for the parties, it is frustrating for the'witnesses to turn up on each and every date only to be returned. If they have to travel from Chichawatni to Sahiwal, they would obviously be put to a lot of inconvenience, besides endangering their lives. And if the threats to them are really carried out, it would not only cause disquiet but it would also generate disaffection towards the Courts. Looking at the provisions of Section 526, Cr.P.C. The legislature was well aware of these difficulties.
Astonishingly the learned Sessions Judge did not discount the apprehension expressed by the complainant straightway and directed the SHO concerned to provide protection to him, but he stopped short of acceding to the prayer made by him.
9. Given that the challan case as well as the complaint are at the initial stage and for the foregoing reasons, I am inclined to accept this application, seeking the transfer of the case from the Court of Mr. ' Anjum Mumtaz Malik, learned Additional Sessions Judge, Sahiwal. Consequently, the challan case and the private complaint filed by the applicant are withdrawn from his Court. The learned Sessions Judge, Sahiwal shall transmit and make them ever to another Court of competent jurisdiction at Tehsil Headquarters, Chichawatni, District Sahiwal. Disposed of.