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: 21.6.99

U/s: 363/364-A/34 P.P.C.

P.S. Qutab Pur, (Multan).

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, Anti-
Terrorism 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, 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

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