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1985 MLD 801

NAWAZ KHAN vs THE STATE

Citation1985 MLD 801
CourtLahore High Court
Case No.Criminal Miscellaneous No, 31/T of 1985
Date1985-05-10
Judge(s)Dr. Javed Iqbal
ResultPetition accepted

ORDER

1. ' This is an application under section 526, Cr.P.C. For transfer of criminal case under section 377, P.P.C. Read with section 12 of Offence of Zina (Enforcement of Hudood) Ordinance 1979 against the petitioner registered at Police Station Bhakkar on 2-11-1984 at the instance of Mazhar Qayyum complainant at present pending before Ch. Muhammad Rafique, Sessions Judge, Bhakkar. I directed the Sessions Judge Bhakkar to send parawise comments on this application. It is admitted in the comments that the complainant in this case as against the petitioner is a clerk in the office of Sessions Judge Bhakkar and although learned Sessions Judge Bhakkar had stated that the apprehension of the petitioner to the effect that the complainant might exercise influence on him is baseless, it can be said the petitioner has a genuine apprehension that he might not get justice in the case against him. In that view of the matter, I am of the view that it would be better if the case is transferred to some other Court. Learned A.A.-G. Tells me that there is no Additional Sessions Judge at Bhakkar to whom the case can be entrusted and that, therefore, it will have to go to Mianwali which is near Bhakkar. Learned counsel for the petitioner has no objection. Consequently I direct the Sessions Judge Bhakkar to transfer the said case to the Sessions Judge, Mianwali who should either hold the trial himself or entrust it to some Additional Sessions Judge in Mianwali for the disposal of this case. With these observations this petition is disposed of. 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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