PLD 2023 Peshawar 1
Criminal Procedure Code ( V of 1898 ) ---
---- Ss . 172 , 182 , 185 ( 1 ) & 526 --- High Court ( Lahore ) Rules and Orders , R.3 , Chapter 26 , Vol . III --- Reference --- Place of trial --- Determination --- Principle --- Transfer of case --- Dispute was with regard to trials of two criminal cases arising out of two FIR registered at two different districts " M " and " C " about abduction of a person from one district and his murder in other --- Validity --- When an offence was committed in parts in two different areas , or continued to be committed in more local areas , then it was prerogative of either of the Courts to take cognizance of the matter having jurisdiction over any of such areas --- Legislation itself had conferred concurrent jurisdiction upon both the Courts to adjudicate upon the matter in respect of the offences which were / had been committed in their respective jurisdiction --- On the touchstone of Rule 3 of Chapter 26 of Volume III of High Court ( Lahore ) Rules and Orders , it was also to be seen as to which Court was more suitable for both the parties --- Both the parties and complainant party as well as prosecution witnesses hailed from District " C " therefore the Court who took cognizance of the matter regarding abduction of the deceased was more suitable to also adjudicate upon the matter regarding murder of the abductee --- High Court in exercise of jurisdiction / power as envisaged under S. 526 , Cr.P.C. transferred case pending at district " M " to Court at district " C " --- Reference was answered accordingly .
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