Mushtaq Hussain Khan vs Mir Khan Khetran S — 2025 PCrLJ 1986 QUETTA-HIGH-COURT-BALOCHISTAN

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Mushtaq Hussain Khan VS Mir Khan Khetran S. 526---Penal Code (XLV of 1860), S. 489-F---Transfer application---Imminent danger to the life of petitioner---Applicant through application under S. 526, Cr.P.C., sought transfer of case from one Court to another Court---Contention of the applicant was that he had imminent danger to his life in case he proceeded to District B, therefore his trial be transferred to the competent Court of law at District "Q"---Validity---Admitted feature of the case was that the applicant was President of a District "Bh" (Province of Punjab) and had expressed apprehension that there was a serious threat to his life if he pursued the matter before the Judicial Magistrate, at "B"---Complainant had admitted that three other FIRs were also lodged by him in city 'I'---In such view of the matter, why present FIR was lodged by complainant at "B", was a matter that required consideration by the Trial Court, as it was apparent that although complainant belonged to District "B", but he was currently residing in city "I"---While deciding applications for the transfer of cases,the genuine reservations of the parties must be considered---Article 10-A of the Constitution guaranteed the right to a fair trial and due process of law---If any party, due to unavoidable circumstances, was unable to attend legal proceedings in a particular area and expressed his/her reservations, then such apprehensions should not be brushed aside or ignored; rather the attending peculiar circumstances of each case have to be considered while deciding matters regarding transfer of cases from one place to another---In the attending circumstances of the case and in order to ensure fair trial and due process of law, as envisaged under Art.10-A of the Constitution, the trial of the case was transferred from the Court of the Judicial Magistrate at "B" to the Court of the Judicial Magistrate at "Q"---Petition was allowed, in circumstances.

Mushtaq Hussain Khan vs Mir Khan Khetran S — 2025 PCrLJ 1986 QUETTA-HIGH-COURT-BALOCHISTAN

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