BRANCH MANAGER, MESSRS UNITED REFRIGERATION INDUSTRIES (PVT.) LTD. vs TH3 STATE and another
This petition for leave to appeal was filed against the judgment of the Peshawar High Court, which refused to transfer a criminal case registered under Section 489-F of the Pakistan Penal Code 1860 from Karak to Peshawar. The parties were embroiled in multiple proceedings, including a civil suit for recovery filed by the respondent in Karak and the criminal case filed by the petitioner. The High Court had previously transferred the civil suit from Karak to Peshawar upon the petitioner's request due to safety concerns. The core question before the Supreme Court was whether, in the interest of justice, the related criminal case should also be transferred to the same station where the civil proceedings were pending. The Supreme Court held that it is expedient and in the interest of justice for both civil and criminal matters between the same parties to be heard at one station. Converting the petition into an appeal, the Court set aside the High Court's judgment and transferred the criminal case to Peshawar.
- Whether related civil and criminal cases between the same parties ought to be heard at the same judicial station in the interest of justice?
- Whether safety concerns and the prior transfer of a connected civil suit justify the transfer of a criminal case under Section 489-F of the Pakistan Penal Code 1860 to the same venue?
- Section 489-F, Pakistan Penal Code 1860
ORDER
IFTIKHAR MUHAMMAD CHAUDHARY, C.J.---This petition has been filed against the judgment, dated 20th June, 2005 whereby learned Peshawar High Court declined to transfer the case arising out of F.I.R. No,70, dated 10th April, 2004 Police Station, Karak to Peshawar.
2. Precisely stating the facts of the case are that the parties are locked with each other in criminal and civil litigation. The respondent has filed Suit No,61 of 2004 against the petitioner-Company for recovery of Rs,60,000 and the petitioner has filed criminal case against him under section 489-F, P.P.C. The Civil suit has been transferred from Karak to Peshawar by the High Court for the detailed reasons mentioned in order dated 10th January, 2005. The petitioner requested that the criminal case filed by them against the respondent be also transferred but the High Court declined to do so vide the impugned judgment.
3. Learned counsel for the petitioner stated that the petitioner's office s/officials are not safe to travel from Peshawar to Karak, therefore, they submitted an application for the transfer of the case but the same has been declined without any justification. Learned Additional Advocate-General, N.-W.F.P. Stated that he has no objection if the case is transferred. The respondent appeared in person who stated that he is an Advocate and is also running the business of Electronics, through his sons opposed the application and stated that he has already furnished guarantees in the High Court; therefore, this case may not be transferred.
4. After having gone through the facts and the circumstances, we consider it appropriate and in the interest of justice, if both these cases i,e, civil and criminal are heard at one station. Since civil suit filed by the respondent has already been transferred to Peshawar, therefore, no injustice would be caused to the respondent if this case is also transferred from Karak to Peshawar. Order accordingly.
5. As a result of above discussion, Criminal Petition No,298 of 2005 is converted into appeal and is allowed. The impugned judgment is set aside and the case is ordered to be transferred from Karak to Peshawar with the observation that both the cases be sent to the concerned District and Sessions Judge who would transfer the same to competent Court for decision.