BAKHT HUSSAIN vs THE STATE
This matter concerns a criminal transfer application filed under Section 526 of the Code of Criminal Procedure 1898, seeking the relocation of a criminal case from the Court of the IInd Civil Judge and Judicial Magistrate, Dadu, to the Court of the IInd Civil Judge and Judicial Magistrate, Kotri, District Jamshoro. The applicant argued that the case, registered under Section 13-E of the Pakistan Arms Ordinance 1965, is an offshoot of a separate murder case pending before the Additional Sessions Judge, Kotri. The applicant contended that transferring the case back to Kotri, where it was originally pending prior to the bifurcation of District Dadu, would ensure convenience for both the prosecution and the accused, facilitating the smooth conduct of proceedings. The Additional Advocate General, Sindh, did not oppose the request. Finding the grounds reasonable and in the interest of justice, the Court allowed the application, ordering the transfer of the case to the Court of the IInd Civil Judge and Judicial Magistrate, Kotri, thereby consolidating related proceedings within the same jurisdiction.
- Can a criminal case be transferred between courts to ensure the convenience of the parties and the smooth conduct of proceedings?
- Does the bifurcation of a district provide valid grounds for transferring a criminal case back to its original jurisdiction?
- Section 526, Code of Criminal Procedure 1898
- Section 13-E, Pakistan Arms Ordinance 1965
- Section 302, Pakistan Penal Code 1860
ORDER
1. ' ANWAR ZAHEER JAMALI, J.---By this application under section 526, Cr.P.C. Applicant has sought transfer of Criminal Case No.161 of 2005 (State v. Bakht Hussain), registered under section 13-E Pakistan Arms Ordinance, 1965, presently pending before IInd Civil Judge and Judicial Magistrate Dadu, to any Court at Kotri District Jamshoro.
2. The only ground urged by the applicant is that this criminal case arising out of Crime No.239 of 2000, is off shoot of main Crime No.147 of 2000 registered at Police Station Kotri, under section 302, P.P.C. And the case arising out of such crime being Sessions Case No.88 of 2000 is pending before Additional Sessions Judge Kotri, while due to division of District Dadu, other case earlier pending before the Court of Judicial Magistrate Kotri has been transferred to the Court of IInd Civil Judge and Judicial Magistrate Dadu.
3. ' Syed Madad Ali Shah submits that for the convenience sake it will be just and equitable that Cr.
4. Case No. 161 of 2005 may also be transferred back to the Court of Judicial Magistrate Court at Kotri District Jamshoro so that the proceedings in both cases may be conducted smoothly without much inconvenience to the prosecution as well as accused party.
5. ' Mr. Masood Noorani Addl. A.-G. Sindh has not opposed such request.
6. In view of the above this Criminal Transfer application is allowed in the terms that Cr. Case No.161 of 2005 presently on the file of IInd Civil Judge and Judicial Magistrate Dadu is transferred to the Court to IInd Civil Judge and Judicial Magistrate Kotri, where it was earlier pending before bifurcation of District Dadu.
7. Case transferred.