S. A. RAHMAN vs The State — 1970 SCMR 694

Citation: 1970 SCMR 694

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1970 SCMR 694

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Munir, Dr. Sheikh JUDGMENT Reported As: 1970 SCMR 694 Result: Case transferred Judgment JUDGMENT S. A. RAHMAN, J.-This is an appeal by special leave from an order passed by a Single Judge of the High Court of West Pakistan, by which he rejected the application of the appellant for transfer of certain cases, in which he figures as an accused along with other persons, from the Court of Mr. M. N. Rizvi, Special Magistrate, Lahore. The transfer petition was moved in the High Court in the following circumstances. There are some 17 cases pending in the Court of the learned Magistrate in which the appellant, who is a partner in Farid sons, or some of his employees, are arraigned as accused. The charges preferred against them fall under sections 420 and 467, Pakistan Penal Code. In the course of one of those cases, one, Ghulam Ahmad, was examined as a prosecution witness. He apparently runs a printing press at which, according to the prosecution, Faridsons got printed certain vouchers to support a false claim, in respect of repairs to factories allotted to them. The witness made a statement in favour of the defence, which was contradictory to the one he had made on the previous day in another connected case. Incensed by the conduct of the witness, the learned Magistrate at this stage made a remark "I should arrest him now". In the report, which he submitted to the High Court, he…

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