AKHTIAR ALI SOLANGI vs QAMAR-UD-DIN Ss — 2024 YLR 304 KARACHI-HIGH-COURT-SINDH

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AKHTIAR ALI SOLANGI VS QAMAR-UD-DIN Ss. 346, 347 & 526---Penal Code (XLV of 1860), Ss. 337-A(i), 337-A(iv), 337-A(v), 337-F(i), 147, 148, 149 & 504--- Transfer application---Petitioner through application under S. 526, Cr.P.C., sought transfer of case from Judicial Magistrate to Sessions Court where a counter case of the same incident registered on behalf of the respondents was pending adjudication---Perusal of the Schedule-II, Cr.P.C. reflected that though all the said offences as alleged in the case might be tried by the Magistrate as well as Court of Sessions, however, insofar as S.337-A(v), P.P.C., was concerned, the punishment was for a term which might extend to [ten] years [or fourteen years as the case might be]; but in any case it was not a fixed punishment of ten years as contended by the applicant---In that case if the Magistrate came to a conclusion on the basis of evidence that a punishment of up to three years was to be awarded, then definitely he could award such punishment on his own---However, if the Magistrate came to a conclusion that the case had been proved, and a higher punishment of more than three years was to be awarded, then he would not be competent to award such punishment---If after completion of evidence or during the trial, the Magistrate came to a conclusion that a punishment of more than three years had to be awarded under S. 337-A(v), P.P.C., then admittedly he could not award the said punishment and would have to take recourse to Ss. 346 & 347, Cr.P.C. and as a consequence thereof, the matter would then be sent to the Court of Session---To that extent, there appeared to be a valid ground made out on behalf of the applicant for transfer of the case---Admittedly the present case as well as the case registered on behalf of the respondents was a counter-case initiated pursuant to the same incident---Said case was pending before the Court of Additional Sessions Judge and propriety demanded that such cases be decided by one Court to avoid conflicting judgments---In such circumstances, the appropriate Court would be the Court of Additional Sessions Judge, which was higher in hierarchy and could also try the cases triable by the Magistrate including case under S. 337-A(v), P.P.C.---Transfer application was allowed, in circumstances.

AKHTIAR ALI SOLANGI vs QAMAR-UD-DIN Ss — 2024 YLR 304 KARACHI-HIGH-COURT-SINDH

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