Sajid (528 Cr.p.c
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IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
Crl. Misc. No._____________M/2002 Mst. Sajida Parveen
Vs.
The state, etc.
INDEX S. No.DESCRIPTION OF DOCUMENTS ANNEXES PAGES 1 Urgent Form 2 Petition U/s 528 Cr.P.C. 3
Affidavit
4 Copy of F.I.R.
A
5 Copy of Charge Sheet.
B
6 Copy of last order.
C
7 Copy of complaint.
D
8 Copy of order dated 6.7.2002.
E
9 Dispensation Application. 10 Affidavit. 11 Power of attorney. PETITIONER Dated: __________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
Crl. Misc. No._____________M/2002 Mst. Sajida Parveen W/o Muhammad Aslam, caste Pathan, R/o Naul Abad, Multan. ……PETITIONER
VERSUS 1.
The State.
2.
Muhammad Arshad Malik Additional Sessions Judge, Multan.
3.
Ubaidullah S/o Habib Ullah, caste Khakwani, R/o H. No. 871/B-2, Mohallah Daulat Khan Wala, Abdali Road, Multan.
4.
Muhammad Ismail S/o Wahid Bakhsh, caste Malwana Bhatti, R/o Mehmood Abad, Multan.
5.
Mst. Zubaida W/o Muhammad Ismail, caste Malwana Bhatti, R/o Mehmood Abad, Multan. …RESPONDENTS
PETITION U/S 528 Cr.P.C. for the transfer of a case titled “State Vs. Ubaidullah” pending adjudication in the Court of Mr. Muhammad Arshad Malik, the learned A.S.J., Multan, to the court of Judge Anti-Terrorism Court No. 2, Multan. Case: F.I.R. No.
239/99
Dated:
U/s:
363/364-A/34 P.P.C.
P.S.
Qutab Pur, (Multan).
21.6.99
Respectfully Sheweth: 1. That the names and addresses of the parties have correctly been given for the purpose of their summons and citations. 2. That the minor child of the petitioner aged 6 years was kidnapped for compelling the husband of the petitioner to withdraw the litigation pending in the Civil Court with the respondents No. 2 to 4 and to extort the money as well. However, the police initially registered the case under section 363 P.P.C. and during the investigation, the kidnapping was proved, but the same was considered to kill the child and section 364-A was added. Copy of F.I.R. is Annex “A”. 3. That respondents No. 2 to 4 were challaned and report U/s 173 Cr.P.C. was submitted before the competent court, on which the court has taken the cognizance, which is at present pending adjudication in the court of respondent No. 2; and the next date for hearing is 16.9.2002. Copy of Charge Sheet and last order are Annex “B & C”. 4. That aggrieved by the conduct of police, the petitioner filed a complaint U/s 365-A P.P.C. As per schedule of Anti-Terrorism Act, 1997, the offence U/s 365-A P.P.C. falls in the exclusive jurisdiction of Ant-Terrorism Court. The learned Judge, AntiTerrorism Court No. 2 recorded the statement of the petitioner and referred the case to the Ilaqa Magistrate U/s 202 Cr.P.C. The petitioner and three other witnesses were recorded by the Ilaqa Magistrate. The learned Ilaqa Magistrate after making a scrutiny, opined that the offence U/s-365/A is made out and file was returned to the court of Judge Anti-Terrorism Court No. 2. The learned Judge Anti-Terrorism Court No. 2 was pleased to summon the respondents No. 2 to 4 to file the trial. Copy of complaint and order for summoning the accused/respondents No. 2 to 4 dated 6.7.2002 are Annexes “D & E”. 5. That it is settled law that the complaint case and challan case must be disposed of by one court and complaint case shall be
decided first. In this situation, it is warranted under the law that both the cases shall be heard and disposed of by one court. 6. That the challan case is in progress; and at this stage, only this August court enjoys the powers to withdraw/entrust the case from one court to the other court. 7. That the petitioner is left with no other alternate, adequate, efficacious or speedy remedy except to invoke the extraordinary constitutional jurisdiction of this Hon’ble Court, for the redressal of her grievance. In view of the above submissions, it is respectfully prayed that the challan case may please be withdrawn from the court of respondent No. 2 and be entrusted to the court of Judge Anti-Terrorism Court No. 2, Multan. Any other direction, order or relief, which this Hon’ble Court deems fit may graciously be awarded in the interest of justice and equity. Humble Petitioner, Dated: ________ Through: Hamad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
CERTIFICATE: Certified as per instructions of the client, this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
Crl. Misc. No._____________M/2002 Mst. Sajida Parveen
Vs.
The state, etc.
AFFIDAVIT of: Mst. Sajida Parveen W/o Muhammad Aslam, caste Pathan, R/o Naul Abad, Multan.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled petition are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT
Verification: Verified on oath at Multan, this _____ day of September 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief. Nothing has been kept concealed thereto. DEPONENT
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
In re: C.M. No. ____________/2002 In Crl. Misc. No.______M/2002 Mst. Sajida Parveen
Vs.
The state, etc.
APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. ========================================= Respectfully Sheweth: 1. That the above-titled application is being filed before this Hon’ble Court, the contents of which should be considered as part & parcel of the main petition. 2. That certified copies of Annexes “
” are not readily
available. However, uncertified/photo state copies of the same have been annexed with the petition, which are true copies of the original documents. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. APPLICANT, Dated: __________
Through: Hamad Afzal Bajwa, Sheikh Muhammad Faheem, Advocate High Court, Advocate High Court, 28-District Courts, Multan. 28-District Courts, Multan. C.C. No. 20959 C.C. No. 20176 IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
In re: C.M. No. ____________/2002 In Crl. Misc. No.______M/2002 Mst. Sajida Parveen
Vs.
The state, etc.
DISPENSATION APPLICATION
AFFIDAVIT of: Mst. Sajida Parveen W/o Muhammad Aslam, caste Pathan, R/o Naul Abad, Multan.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT Verification: Verified on oath at Multan, this _____ day of September 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief. Nothing has been kept concealed thereto. DEPONENT
Crl. Misc. No._____________M/2002 Mst. Sajida Parveen
Vs.
The state, etc.
INDEX S. No.DESCRIPTION OF DOCUMENTS ANNEXES PAGES 1 Urgent Form 2 Petition U/s 528 Cr.P.C. 3
Affidavit
4 Copy of F.I.R.
A
5 Copy of Charge Sheet.
B
6 Copy of last order.
C
7 Copy of complaint.
D
8 Copy of order dated 6.7.2002.
E
9 Dispensation Application. 10 Affidavit. 11 Power of attorney. PETITIONER Dated: __________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
Crl. Misc. No._____________M/2002 Mst. Sajida Parveen W/o Muhammad Aslam, caste Pathan, R/o Naul Abad, Multan. ……PETITIONER
VERSUS 1.
The State.
2.
Muhammad Arshad Malik Additional Sessions Judge, Multan.
3.
Ubaidullah S/o Habib Ullah, caste Khakwani, R/o H. No. 871/B-2, Mohallah Daulat Khan Wala, Abdali Road, Multan.
4.
Muhammad Ismail S/o Wahid Bakhsh, caste Malwana Bhatti, R/o Mehmood Abad, Multan.
5.
Mst. Zubaida W/o Muhammad Ismail, caste Malwana Bhatti, R/o Mehmood Abad, Multan. …RESPONDENTS
PETITION U/S 528 Cr.P.C. for the transfer of a case titled “State Vs. Ubaidullah” pending adjudication in the Court of Mr. Muhammad Arshad Malik, the learned A.S.J., Multan, to the court of Judge Anti-Terrorism Court No. 2, Multan. Case: F.I.R. No.
239/99
Dated:
U/s:
363/364-A/34 P.P.C.
P.S.
Qutab Pur, (Multan).
21.6.99
Respectfully Sheweth: 1. That the names and addresses of the parties have correctly been given for the purpose of their summons and citations. 2. That the minor child of the petitioner aged 6 years was kidnapped for compelling the husband of the petitioner to withdraw the litigation pending in the Civil Court with the respondents No. 2 to 4 and to extort the money as well. However, the police initially registered the case under section 363 P.P.C. and during the investigation, the kidnapping was proved, but the same was considered to kill the child and section 364-A was added. Copy of F.I.R. is Annex “A”. 3. That respondents No. 2 to 4 were challaned and report U/s 173 Cr.P.C. was submitted before the competent court, on which the court has taken the cognizance, which is at present pending adjudication in the court of respondent No. 2; and the next date for hearing is 16.9.2002. Copy of Charge Sheet and last order are Annex “B & C”. 4. That aggrieved by the conduct of police, the petitioner filed a complaint U/s 365-A P.P.C. As per schedule of Anti-Terrorism Act, 1997, the offence U/s 365-A P.P.C. falls in the exclusive jurisdiction of Ant-Terrorism Court. The learned Judge, AntiTerrorism Court No. 2 recorded the statement of the petitioner and referred the case to the Ilaqa Magistrate U/s 202 Cr.P.C. The petitioner and three other witnesses were recorded by the Ilaqa Magistrate. The learned Ilaqa Magistrate after making a scrutiny, opined that the offence U/s-365/A is made out and file was returned to the court of Judge Anti-Terrorism Court No. 2. The learned Judge Anti-Terrorism Court No. 2 was pleased to summon the respondents No. 2 to 4 to file the trial. Copy of complaint and order for summoning the accused/respondents No. 2 to 4 dated 6.7.2002 are Annexes “D & E”. 5. That it is settled law that the complaint case and challan case must be disposed of by one court and complaint case shall be
decided first. In this situation, it is warranted under the law that both the cases shall be heard and disposed of by one court. 6. That the challan case is in progress; and at this stage, only this August court enjoys the powers to withdraw/entrust the case from one court to the other court. 7. That the petitioner is left with no other alternate, adequate, efficacious or speedy remedy except to invoke the extraordinary constitutional jurisdiction of this Hon’ble Court, for the redressal of her grievance. In view of the above submissions, it is respectfully prayed that the challan case may please be withdrawn from the court of respondent No. 2 and be entrusted to the court of Judge Anti-Terrorism Court No. 2, Multan. Any other direction, order or relief, which this Hon’ble Court deems fit may graciously be awarded in the interest of justice and equity. Humble Petitioner, Dated: ________ Through: Hamad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
CERTIFICATE: Certified as per instructions of the client, this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
Crl. Misc. No._____________M/2002 Mst. Sajida Parveen
Vs.
The state, etc.
AFFIDAVIT of: Mst. Sajida Parveen W/o Muhammad Aslam, caste Pathan, R/o Naul Abad, Multan.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled petition are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT
Verification: Verified on oath at Multan, this _____ day of September 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief. Nothing has been kept concealed thereto. DEPONENT
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
In re: C.M. No. ____________/2002 In Crl. Misc. No.______M/2002 Mst. Sajida Parveen
Vs.
The state, etc.
APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. ========================================= Respectfully Sheweth: 1. That the above-titled application is being filed before this Hon’ble Court, the contents of which should be considered as part & parcel of the main petition. 2. That certified copies of Annexes “
” are not readily
available. However, uncertified/photo state copies of the same have been annexed with the petition, which are true copies of the original documents. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. APPLICANT, Dated: __________
Through: Hamad Afzal Bajwa, Sheikh Muhammad Faheem, Advocate High Court, Advocate High Court, 28-District Courts, Multan. 28-District Courts, Multan. C.C. No. 20959 C.C. No. 20176 IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
In re: C.M. No. ____________/2002 In Crl. Misc. No.______M/2002 Mst. Sajida Parveen
Vs.
The state, etc.
DISPENSATION APPLICATION
AFFIDAVIT of: Mst. Sajida Parveen W/o Muhammad Aslam, caste Pathan, R/o Naul Abad, Multan.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT Verification: Verified on oath at Multan, this _____ day of September 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief. Nothing has been kept concealed thereto. DEPONENT
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