MUHAMMAD SADIQ vs MUHAMMAD SIDDIQ AND 6 OTHERS — 1971 PCRLJ 1008

Citation: 1971 PCRLJ 1008

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-21

Parties: MUHAMMAD SADIQ vs MUHAMMAD SIDDIQ AND 6 OTHERS

Headnotes

Case cited as 1971 PCRLJ 1008

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah Title: MUHAMMAD SADIQ vs MUHAMMAD SIDDIQ AND 6 OTHERS Case No.: Criminal Miscellaneous No. 7146 of 1970 Date of Judgment:1970-12-21 Reported As: 1971 P Cr. L J 1008 Result: Petition allowed JUDGMENT JUDGMENT This is a petition under section 526, Cr. P. C., for transfer of a criminal case. Three grounds have been urged :- (i) That the learned Assistant Commissioner transferred the case to the Court of Sardar Ahmad Sher Khan; Magistrate, without any justification. (ii) that the order passed by the learned Assistant Commis--sioner is also improper because it was passed due to the reason that Mr. Khalil-ur-Rehman Ramdey, Advocate, -a very close relation of the learned A. C. Was engaged for the transfer matter (i.e) that Sardar Ahmad Sher Khan, the learned Magistrate, released to of the accused on bail without keeping the order of the High Court in view. 2. So far as the last ground is concerned, I disposed it of by my order, dated 12th October 1970. The same may be read as part of the present order. 3. So far as the first and second grounds are concerned, they can be disposed of together. In the petition, a serious allegation was made that Mr. Khalil-ur-Rehman, Advocate, a close relation of the learned A. G., superseded another learned counsel in the matter of transfer application pending before the learned A. C. A specific mention is made in para. 5 of the petition that the case was transferred by the learned A. C.…

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