Cr. Transfer Appln. No. S – 60 of 2015

Date	Order with signature of Judge

For Katcha Peshi.

05-10-2015.

Mr. Sikandar Ali Junejo, advocate for the applicant.

Mr. Zulfiqar Ali Jatoi, learned D.P.G for the State.

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Through instant criminal transfer application, the applicant/complainant Mir Ahmed, who lodged F.I.R No. 27/2014, U/S 334, 427, 337-A-1, 337, L-II, and 34 P.P.C at P.S Jarwar, seeks transfer of Sessions Case No. 296/2014 (Re: The State V/S Sanwan and other), from the file of IV-Additional Sessions Judge, Mirpur Mathelo to the Court of learned Sessions Judge, Ghotki or any other Court of Additional Sessions Judge, Ghotki.

2. Learned counsel for the applicant submits that learned trial Judge is pressurizing the applicant to compromise with the respondents as such he has lost his faith upon the trial court.

3. Learned D.P.G has vehemently opposed the transfer application and has contended that allegations leveled by applicant have no legal force nor any cogent ground has been placed by learned counsel for applicant for transfer of the case, hence, instant criminal transfer application, which is not maintainable under law, may be dismissed.

4. Perusal of the material available on record and consideration of the arguments emanate that applicant has lodged F.I.R No. 27/2014, U/S 334, 427, 337-A, 337, L-II and 34 P.P.C at P.S Jarwar. After completion of investigation, Challan has been submitted and trial is subjudice before the Court of IV-Additional Sessions Judge, Mirpur Mathelo.

5. The alone ground asserted by learned counsel for the applicant that trial court has directed to applicant to compromise the case with accused, has no legal substance to be considered while there are no allegations regarding integrity of the trial judge. It has become a trend in our society that transfer applications are being moved frequently without any legal justification only to delay the proceedings of the main case. Since no serious allegation has been urged in the instant criminal transfer application, consequently, the same stands dismissed being not maintainable under the law.

Judge

Abdul Salam/P.A