MUHAMMAD RAMZAN and 6 others vs THE STATE
This matter comes before the Sindh High Court upon an application seeking the transfer of a criminal case due to the vacancy of the trial court and apprehensions of danger to the applicants' lives. The core legal question concerns the High Court's power to transfer a case from one sessions court to another in the interest of justice and safety. The court decided to allow the application, holding that the case should be transferred to ensure a proper and safe proceeding. The key principle laid down is that a case pending before a vacant court where parties face genuine apprehensions of danger may be transferred by the High Court to another competent court within the district.
- Can a criminal case be transferred from a vacant court to another court within the district?
- Whether a case can be transferred when the accused apprehends danger to their lives due to enmity?
- Section 324, Pakistan Penal Code 1860
- Section 353, Pakistan Penal Code 1860
- Section 401, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' ALI SAIN DINO METLO, J.- Mr. Veshno states at the Court of Additional Sessions Judge-V, Shikarpur is lying vacant since October, 2006, due to retirement of its Presiding Officer and the applicants due to enmity apprehend danger to their lives by attending the Court without any progress in the case.
2. In view of such statement of the learned counsel, S.C. No,95 of 2005 State v. Ramzan and others, under sections 324, 353, 401 and 34, P.P.C. Based upon F.I.R. No,31 of 2005 of Police Station Rustam is transferred from the Court of Additional Sessions Judge-V, Shikarpur to that of Sessions Judge, Shikarpur, who may try the case himself or entrust it to any other Additional Sessions Judge working in the District.
3. Case transferred.