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Petitioner: IJAZ AHMED VS Respondent: THE STATE and 2 others
Court Name: Lahore High Court Judge(s): Mian Muhammad Najum-uz-Zaman Title: IJAZ AHMED vs THE STATE and 2 others Case No.: Criminal Miscellaneous No,33/TA of 2008 Date of Judgment:2008-03-18 Reported As: 2008 P Cr. L J 790 Result: Petition dismissed
Judgment ORDER MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.--- Petitioner is complainant of case F.I.R. No,71 of 2006 dated 8-3-2006 for the offence under sections 302/34/109/404, P.P.C. Registered at Police Station Midh Ranjha, Tehsil Bhalwal pending in the Court of Mr: Qaiser Nazir Butt, Additional Sessions Judge, Bhalwal District Sargodha and through this petition prayer has been made for transfer of the same to some other Court of competent jurisdiction, on the ground that the said judicial officer has already acquitted four of the co-accused and petitioner apprehends that remaining accused who have been put to trial would also be acquitted. 2. I am afraid the contention raised by learned counsel has no force because case of each accused is to be decided on merits and admittedly the role attributed to the acquitted co-accused was that of abetment whereas the role attributed to respondents Nos.3 and 4 is of actively participating in the occurrence, I am sanguine that the trial Court will decide the case strictly on merits after complying with all the legal formalities. This petition having no merits stand dismissed.