MUHAMMAD ILYAS, ACTING CHIEF JUSTICE.- This is a criminal miscellaneous petition by one Ch. Muhammad Siddique for permission to file, at the Principal Scat of this Court, a petition-under section 561-A of the Code of Criminal Procedure, for quashment of proceedings in a criminal complaint instituted by one Sher Muhammad, against him, in the Court of Mr. Zulfiqar Ahmad, Magistrate 1st Class, Kehror Pacca, District Lodhran.
2. It has been alleged by the petitioner that he had litigation with the said Magistrate and his brothers and. Therefore, the said Magistrate manoeuvred the filing of fictitious complaint by the said Sher Muhammad in his own Court with a view to disturbing his (petitioner's) business and "putting him to unnecessary travelling expenses and physical discomfort."
3. At this stage, it cannot be said that the complaint filed against the petitioner is false and frivolous. If the petitioner is allowed to take out quashment proceedings at Lahore, the complainant will have to come here to defend the petition made in this behalf. Obviously, in that case the complainant will have to face hardship besides suffering financial burden. So the argument which is being advanced by the petitioner for seeking permission to file quashment petition at Lahore would be equally available to the complainant, it is not just and proper to accommodate one party at the cost of other. Benches have been set up with a view to taking justice to the door-steps of the people. Therefore, all cases relating to an area should be heard by the Bench meant for that area.
This is what has been enshrined in rule 3 of the Lahore High Court (Establishment of Benches) Rules.
1981. It is in very exceptional circumstances that cases are transferred from one Bench to another or from a Bench to the Principal Seat or vice versa. There are no exceptional circumstances for which the Multan Bench should not be permitted to hear the petition intended to be filed by the petitioner. All parties are equal before law and this principal has been laid down in Article 25 of the Constitution. As stated above, at this stage, there is nothing to convince me that the complaint filed by Sher Muhammad is devoid of substance. He cannot, therefore, be forced to come to Lahore to defend the quashment proceedings to be initiated by the petitioner because at the moment, nothing can be said about success or failure of those proceedings also. In the circumstances, right now, I am not in favour of giving an edge to the petitioner over the complainant.
4. In view of the above discussion, I do not allow the petitioner to file his quashment petition at Lahore. This criminal miscellaneous petition is dismissed accordingly, in limine.