ORDER SHEET.

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

                                    ---------------                            

 

            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