IN THE HIGH
COURT OF SINDH BENCH AT SUKKUR
Cr.Transfer Application
No.11 of 2015
________________________________________________________________________DATE ORDER
WITH SIGNATURE OF JUDGE _______________________________________________________________________
1. For katcha peshi.
2. For hearing of MA No.605/2015.
17-08-2015.
None present for the
applicant
Mr. Zulfiqar
Ali Jatoi DPG
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Applicant who appears in person is
called absent without intimation inspite of issuance
of intimation notice.
Through
instant criminal transfer application filed U/s. 526 Cr.PC
applicant seeks transfer of Sessions Case No.167/2012 (Re: Mohammad Moosa Leghari V. Suhrab & others), from the court of IVth
Additional Sessions Judge, Mirpur Mathelo
to any other court having jurisdiction in District Ghotki,
on the ground that the learned trial court is not proceeding with the matter.
Heard learned DPG 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 infact 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
S.Ashfaq