1. This is an application seeking transfer of the case pending against the petitioners. The facts are necessary to be narrated. Petitioner No.1 Raj Muhammad was an accused in the murder case and was granted bail. It is stated that after the grant of bail, the complainant side was annoyed and thus they got a case registered with the Police Station Kasuwal under section 307/506, P.P.C.
2. Against Raj Muhammad. It is further submitted that during the investigation, the case against Raj Muhammad was found to be false.
3. Aggrieved by the result of investigation, the complainant side i.e. Ata Muhammad filed a private complaint in the Court of a Magistrate at Sahiwal, in which, process was issued against Raj Muhammad. It is further submitted that on one date of hearing, both Raj Muhammad and the respondent fought with each other outside the Court and thus preventive proceedings under section 107/151, Cr.P.C. Were initiated against both sides.
4. The learned counsel for the petitioners submits that in this background, it is not safe for the petitioner Raj Muhammad to go to Sahiwal and there is apprehension that he may not be bodily harmed in Sahiwal as the respondent Ata Muhammad is a resident of that area and wields influence.
5. Considering the case from all angles, I am of the view that this case be transferred from Sahiwal, particularly, at a place in between the two stations where the parties reside, so that both parties bear equal expenses for litigating with each other. In this view of the matter, I am of the view that Chichawatni would be the safest place. Accordingly, I direct that the private complaint filed by Ata Muhammad against Raj Muhammad pending in the Court of Syed Iftikhar Hussain Shah, Civil Judge/Judicial Magistrate is transferred to the Court of Civil Judge exercising the powers of Section 30 Magistrate at Chichawatni.
6. It is stated that same Presiding Officer/Civil Judge who was in Sahiwal has now been transferred to Chichawatni. It would be most appropriate in the interest of justice, if the same officer decides the case.