MOHAMMAD ASHIQ vs THE STATE AND Another — 1971 SCMR 137

Citation: 1971 SCMR 137

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-11-23

Parties: MOHAMMAD ASHIQ vs THE STATE AND Another

Headnotes

Case cited as 1971 SCMR 137

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: MOHAMMAD ASHIQ vs THE STATE AND Another Case No.:Criminal Miscellaneous Petitions Nos. 112 and 113 of 1970 Criminal Miscellaneous Petition No. 112 of 1970 Criminal Miscellaneous Petition No. 113 of 1970 Date of Judgment:1970-11-23 Reported As: 1971 SCMR 137 Result: Petition dismissed Judgment ORDER WAHIDUDDIN AHMAD, J.-This order will dispose of two petitions, one filed by Mohammad Ashiq and the other filed by Ghauhar Rahman under Article 58(3) read with Article 9 of the President's Order No. 8 of 1970, for the transfer of their cases pending in the Magistrates' Courts at Karachi. The petitioners' prayer is that the first case be transferred from A. C. M., Karachi to some criminal competent Court at Lahore and the second case may be transferred from the Court of the Additional City Magistrate, Karachi to some competent Court at Abbottabad. Their contention is that in both the cases the Magistrates at Karachi have no jurisdiction to entertain the criminal complaints filed against the petitioners. It will be noticed that these applications have been made under Article 9 of the President's Order No. 8 of 1970. This provision of law reads as under :- "On the application of any of the parties, and after giving notice to the parties and hearing such of them as desire to _ be heard; or of its own motion without such notice, the Supreme Court may at any stage transfer for disposal any…

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