NASIR ZAFAR vs THE STATE and another
This matter involves a transfer application filed by the accused, Nasir Zafar, seeking the transfer of Criminal Case No. 89 of 1999 from the Court of the Civil Judge and F.C.M., Pir Jo Goth to the Court of Judicial Magistrate, Ghotki, or vice versa, on the ground that another related F.I.R. concerning the same subject-matter was registered at Police Station Ghotki. The core legal question addressed is whether a criminal case should be transferred to another court for the convenience of the parties and witnesses. The court held that looking towards the convenience of both the accused and the prosecution witnesses, and considering the residence of the parties and accessibility of the respective courts, the case pending at Ghotki should be withdrawn and transferred to Pir Jo Goth. The key principle laid down is that the convenience of the accused and prosecution witnesses is a primary consideration in determining the transfer of criminal cases between different forums.
- Can a criminal case be transferred to another court for the convenience of the accused and prosecution witnesses?
- Whether cases arising from separate F.I.R.s involving the same subject-matter should be tried at one location for convenience?
ORDER
1. ' By this transfer application, the applicant/accused Nazir Zafar has sought 'transfer of Criminal Case No,89 of 1999, which arose out of F.I.R. No,15 of 1999 of Police Station Ahmedpur and is pending trial before the learned Civil Judge and F.C.M., Pir Jo Goth to the Court of Judicial Magistrate, Ghotki as with regard to same subject-matter another F.I.R. Bearing No,47 of 1997 was registered at Police Station Ghotki. The applicant/accused after usual investigation was sent up before the learned Judicial Magistrate, Ghotki to stand trial.
2. ' I have heard Mr. Ghulam Muhammad Durrani learned counsel on behalf of the applicant/accused and Mr. Bhajandas Tejwani learned counsel appearing on behalf of the Advocate-General for the State. The latter concedes to the transfer of case.
3. It is well-settled that in the given circumstances transfer of the case could be made looking towards the convenience of the accused as well as prosecution witnesses.
4. ' The perusal of charge-sheet in both the cases shows that the applicant/accused is resident of Shakar Garh, District Narowal, Punjab. The majority of prosecution witnesses is resident of within the jurisdiction of Civil Judge and F.C.M., Pir Jo Goth, Taluka Kingiri, District Khairpur. The District Headquarter is situated on the national highway and most of the trains from up country stop at Khairpur Railway Station.
5. ' Looking towards the convenience of both the parties, the Criminal Case No,37 of 1997 which arose out of F.I.R. No,47 of 1997 is withdrawn, from the file of learned Judicial Magistrate, Ghotki and is made over/transferred to the Court of learned Civil Judge and F.C.M., Pir Jo Goth for disposal according to law. Application stands disposed of.
6. Case transferred.
Cited by 2 cases
- ABDUL HADI vs SPECIAL JUDGE ATC, KHUZDAR and another 2011 P Cr. L J 76
- AHMED ALI KHAN andanother vs THE STATE and 8 others 2007 YLR 1735