SHER ALAM Versus State
ALI BAIG, J.--- Through the instant criminal miscellaneous petition filed under section 526, Cr.P.C. the petitioner/ accused namely Sher Alam son of Taifoor Shah resident of Bunji District Astore who and his co-accused are involved in criminal case registered under sections 302 and 114/34, P.P.C., registered at Police Station Astore vide FIR No.03/2018 dated 13-9-2018, has sought transfer of criminal case from the court of Sessions Judge Astore to any court of competent jurisdiction at Gilgit.
2. Briefly, the facts giving rise to this petition are that the present petitioner/accused and his co-accused namely Sher Ayaz, Mir Azam, Nizam-ud-Din and Shabbir-ud-Din have allegedly committed murder of son of the complainant Tahir Nawaz at Bunji District Astore on 13-9-2018. Accordingly, criminal case against the present petitioner and his above named co-accused was registered under sections 302 and 114/34, P.P.C.; vide FIR No.03/ 2018 dated 13-9-2018 at Police Station Astore.
3. After completion of usual investigation the prosecution submitted challan/charge sheet against the present petitioner/accused and his co-accused in the court of learned Sessions Judge Astore. The learned trial court/Sessions Judge, Astore has framed charge against the petitioner/accused and his co-accused and trial of the petitioner/accused is in progress before the learned trial court at Astore. In the meanwhile, the petitioner/ accused has filed this petition for transferred of sessions case from the court of Sessions Judge Astore to the any court of competent jurisdiction at Gilgit.
4. The learned counsel appearing on behalf of the petitioner/accused contended that both the accused and complainant party belong to village Bunji which is nearer to Gilgit as compared to Astore, therefore, the case may be transferred from the Court of Sessions Judge, Astore to the Court of Sessions Judge, Gilgit for convenience of both the parties. The learned counsel for the petitioner/accused further argued that the petitioner/accused apprehends threat for his life from the complainant party while proceeding to Astore from Gilgit. The learned counsel for the petitioner/accused further argued that the son of complainant had threatened the petitioner/accused when the petitioner/ accused came out from the court room of the Sessions Judge Astore after attending date of hearing, which was reported to the learned Sessions Judge Astore, hence the case of the petitioner/accused may be transferred from Sessions Court Astore to Sessions Court Gilgit for further proceedings in the interest of justice.
5. On the other hand the learned Addl. Advocate General opposed this petition by contending that the petitioner/ accused has filed the instant petition with mala fide intention to prolong the proceedings, which may be dismissed.
6. I have given my anxious consideration to the submissions made by the learned counsel for the parties and perused the record with their able assistance.
7. The petitioner/accused has averred/asserted in the petition that the petitioner/accused was coming out from the court of Sessions Judge Astore and in the meantime, son of the complainant had threatened the petitioner/accused for dire consequences and accordingly, he reported the matter to Sessions Judge Astore. In this connection comments were sought from the learned Sessions Judge Astore by this Court and learned Sessions Judge has furnished parawise comments to this Court vide his letter dated 26-6-2019, wherein he has confirmed that the petitioner had made complaint regarding threat by son of the complainant, . thus the son of complainant has extended threat to the petitioner/accused at Astore and he feels insecure while travelling from Gilgit to Astore.
8. After hearing arguments advanced by the learned counsel for the parties, I am of the considered view that the petitioner/accused's apprehension involving danger to his life and the atmosphere being hostile is valid and not without force.
9. For what has been discussed above, this petition is allowed and I direct that the criminal case now pending adjudication in the court of Session Judge Astore be transferred to the court of Sessions Judge Gilgit and he may either himself try the case or assigned it to the Additional Sessions Judge Gilgit to try the case under the law. Certified true copy of this judgment be sent to the learned Sessions Judge Astore and Sessions Judge Gilgit for information and necessary action. This petition is disposed of accordingly. File.
SA/113/GB Petition allowed.