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1970 SCMR 536

Mst. SHARAM KHATOON Alias HAKIM ZADI vs THE STATE And 7 Other

Citation1970 SCMR 536
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. K-33 of 1969 Criminal
Date1970-01-07
Judge(s)Waheeduddin Ahmad, Muhammad Yaqub Ali Khan
ResultLeave refused

ORDER

1. WAHIDUDDIN AHMAD, J.-Respondents Nos. 2 to 8 and one Abdullah, since dead, had been challaned in the Court of Civil Judge and First Class Magistrate at Naushero Feroze under sections 364/149/452 and 148, P. P. C. On the 13th February 1969. The petitioner's husband filed a criminal transfer applica--tion known as No. 88 of 1969 in the High Court of West Pakistan, Karachi Bench, in September 1969. A learned Single Judge of the High Court, by order dated the 13th October 1969, transferred the said case from Naushero Feroze to the Court of Mr. Muhammad Saleh Memon, Civil Judge and First Class Magistrate at Tando Allahyar and directed him to proceed with the case from the stage where he left it at Naushero Feroze and disposed it of expeditiously. The petitioner was not satisfied with this order. She moved another transfer application under section 526, Cr. P. C.

2. Known as Criminal Transfer Application No. 131 of 1969 and prayed that as her life and the lives of her witnesses were in danger the case may be transferred to some Court in Hyderabad city. By order dated the 8th December 1969, the same learned Single Judge dismissed the petition. The petitioner seeks permission to file an appeal against the said order.

3. We would, however, direct the Superintendent of Police, Hyderabad to escort the petitioner and her witnesses from Hyderabad city to the Court of First Class Magistrate, Tando Allahyar on the 20th and 21st January 1970, which are said to be the next dates of hearing of the case. The learned officer is also directed to see that the petitioner and her witnesses are also escorted back from the said Court to Hyderabad city on the said dates.

4. Subject to the above remarks, the petition is dismissed.

Cited by 2 cases

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