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Petitioner: NASIR ZAMAN VS Respondent: MEHR SALABAT, ADDITIONAL SESSIONS JUDGE, ARIFWALA
1998 S C M R 287
1998 S C M R 287
[Supreme Court of Pakistan]
Present: Irshad Hasan Khan, Raja Afrasiab Khan and Khalil-ur-Rehman Khan, JJ
NASIR ZAMAN---Petitioner
versus
MEHR SALABAT, ADDITIONAL SESSIONS JUDGE, ARIFWALA and 2 other---Respondents
Criminal Petition for Leave to Appeal No. 85-L of 1997, decided on 29th April, 1997.
(On appeal from the order of Lahore High Court, Multan Bench, Multan, dated 26-3-1997 passed in Criminal Misc. No. 11-T of 1997).
Criminal Procedure Code (V of 1898)---
----S. 526---Constitution of Pakistan (1973), Art.185(3)---Transfer of case-- Discretion exercised by High Court in withdrawing criminal case from Court at one place and entrusting same to another Court at different place, having not been shown to be suffering from any illegality or impropriety, no case for interference of Supreme Court, had been made out---Leave to appeal was refused.
Sardar Muhammad Latif Khan Khosa instructed by Syed Abul Aasim Jaferi, Advocate-on-Record for Petitioner
Nemo for Respondents.
Date of hearing: 29th April, 1997.
JUDGMENT
KHALIL-UR-REHMAN KHAN, J.---Nasir Zaman, petitioner, seeks leave to appeal against the order dated 20-3-1997 of the Lahore High Court, Lahore, whereby the complaint case was withdrawn from the Court of Ch. Muhammad Ashraf, learned Additional Sessions Judge, Pakpattan and entrusted to the' Court of Mehr Salabat Khan, learned Additional Sessions Judge, Pakpattan at Arifwala, for trial in accordance with law, after setting aside the order dated 16-11-1996 passed by learned Sessions Judge, Pakpattan whereby he had withdrawn the Challan Case of F. I. R. No. 146 of 1996 from the Court of Mehr Salabat Khan, Additional Sessions Judge, Pakpattan at Arifwala and entrusted the same to the Court of Ch. Muhammad Ashraf, Additional Sessions Judge, Pakpattan. The result was that both the Challan Case and the Complaint Case were entrusted to the Court of Mehr Salabat Khan, Additional Sessions Judge, Pakpattan.
2. Learned counsel for the petitioner argued that the parties and the witnesses belong to the Chak situate near Pakpattan and keeping in view the convenience of the parties and the witnesses, the entrustment of the Challan case to the learned Additional Sessions Judge, Pakpattan, before whom the Complaint Case was already pending, by order of the Sessions Judge dated 16-11-1996 should not have been set aside. It was argued that the complainant/petitioner had sought the transfer of the Challan Case by expressing an apprehension that he will not receive evenhanded justice from the said Court which had already granted bail to some of the accused and that the accused persons were openly propagating that they have approached the said learned Judge and would be acquitted. Learned counsel for the petitioner added that on the Bail Application moved by the other accused which was pending, the accused have also been granted bail.
3. These matters were in the notice of the learned Judge of the High Court. The discretion exercised in entrusting the Complaint and the Challan Case to the learned Additional Sessions Judge Pakpattan at Arifwala has not been shown to be suffering from any illegality or impropriety, and no case for interference is made out.
4. The petitioner, if feels aggrieved of the order granting bail to the accused, he can assail the same before the High Court and the Petition, if so filed, will of course be adjudicated upon in accordance with law and it will be open for the High Court to pass orders deemed fit in the circumstances of the case. With these observations, leave to appeal is refused and the Petition is dismissed.
A.A./N-7/S Petition dismissed.