Cr.Tr.A.No.S-43 of 2015

For Katcha Peshi

17.08.2015

Mr. Alam Sher Bozdar for the applicant.

Mr. Nisar Ahmed Bhambhro for respondent No.2.

Mr. Zulfiqar Ali Jatoi, Deputy Prosecutor General.

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Through instant criminal transfer application filed under Section 526 Cr.PC applicant seeks transfer of Sessions Case No.564/2011 (Re: Altaf Hussain Jajuho v. Altaf Hussain alias Mato & others), from the court of Additional Sessions Judge, Kandiaro to any other court having jurisdiction in District Naushahro Feroze, on the ground that the learned trial court is not proceeding with the matter.

Heard learned counsel for the parties and examined the transfer application.

It may be observed that tendency to seek transfer of a criminal case from one court to other court in a casually or routine manner on flimsy grounds cannot be approved, unless there are some valid reasons and concrete material which could be recognized in terms of section 526 Cr.PC. Whereas; in the instant case, no material whatsoever has been placed on record in support of such allegations. Mere allegation against the presiding officer/ Judge cannot be considered as a valid ground for seeking transfer of the case from one court to other, as it would amount to showing no confidence in the judicial system and the Presiding Officer holding such office and would in fact either frustrate the smooth trial or may cause delay and serious inconvenience to other party or witness.

Under these circumstances, I do not find any substance in the present transfer application, which is accordingly dismissed. However the learned trial Court is directed to proceed with the matter expeditiously and decide the same strictly in accordance with law, without being influenced or prejudiced from the filing of instant criminal transfer application.

JUDGE

N.M.