ASAD alias ASADULLAH vs MANZOOR ALI and anothers
This matter arises from a criminal transfer application filed by the applicant seeking the transfer of Criminal Case No. 85 of 2005 under Section 380 of the Pakistan Penal Code 1860, registered at Police Station Warrah, from the Court of the 2nd Civil Judge and Judicial Magistrate, Warrah to a court having jurisdiction in Larkana City. The core legal question concerned whether the criminal case should be transferred on the grounds of a matrimonial dispute between the parties and an imminent apprehension to the applicant's life while attending proceedings at Warrah. The court held, in view of the candid statements of the counsel for the respective parties and the State counsel offering no objection, that the transfer request should be granted. The key principle laid down is that a criminal case may be transferred from one court to another of competent jurisdiction when the parties consent and sufficient grounds such as apprehension of physical harm or local prejudice are shown.
- Can a criminal case be transferred from one judicial magistrate to another upon the agreement of the parties?
- Whether a criminal case under the Pakistan Penal Code can be transferred to Larkana City on the grounds of apprehension to life?
- Section 380, Pakistan Penal Code 1860
ORDER
1. ' SYED ZAWWAR HUSSAIN JAFFRY, J.---Through this application the applicant/accused seeks transfer of Criminal Case No,85 of 2005 under section 380, P.P.C. Registered at Police Station Warrah from the file of learned 2nd Civil Judge and Judicial Magistrate, Warrah to any other Court having jurisdiction in Larkana City.
2. ' Brief facts as disclosed in the F.I.R. Are that on 15-9-2005 complainant Mazhar Ali lodged his F.I.R.
3. Under section 380, P.P.C. Against the applicant and other co-accused. After investigation charge sheet has been filed against the applicant whereas co-accused have been shown as absconding accused, the Court of learned 2nd Civil Judge and Judicial Magistrate, Warrah.
4. ' Mr. Jai Jai Veshnu, learned counsel for the applicant has contended that the applicant has matrimonial dispute with the complainant party and there is imminent apprehension of life while attending the Court of Warrah therefore, the said case be transferred by recalling it to the Court having jurisdiction at Larkana City.
5. ' Mr. Sarfraz Khan Jatoi, Advocate for the respondent No,1 and Mushtaque Ahmed Kourejo, learned State counsel have no objection if the Criminal Case arising out of Crime No,85 of 2005 of Police Station Warrah re. State v. Asad alias Asadullah and others is recalled from the said Court and transferred to any other Court having jurisdiction.
6. ' In view of candid statement of learned counsel for the respective parties, Criminal Case arising out of No,85 of 2005 Re. State v. Asad alias Asadullah and others is recalled from the Court of 2nd Civil Judge and Judicial Magistrate Warrah and stands transferred to the Court of 1st Civil Judge and Judicial Magistrate Larkana.
7. ' Criminal Transfer Application No,94 of 2006, stand allowed.