Cr.Tr.A.No.D-76 of 2015
For Katcha
Peshi
02.02.2016
Mr. Zulfiqar Ali Jatoi, Deputy Prosecutor General.
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Mst.
Zarina, who is under trial prisoner (UTP) in crime No.35/2012 registered at
police station, Lakha Road, Sessions case No.512/2012 under Sections 302, 201,
34 PPC (State v. Shahid and another), has prayed that her case may be
transferred from the Court of Additional Sessions Judge, Kandiaro to any other
Court of Additional Sessions Judge at Larkana, as she has been detained in
Women Jail at Larkana, who do not produce her custody before the learned
Additional Sessions Judge, Kandiaro. Initially, such application was moved
before the learned Senior Judge of this Court at Larkana, who has referred the
matter to this Court for appropriate orders, as the matter falls within the
jurisdiction of this Court.
Report
was called from the Additional Sessions Judge, Kandiaro, who vide letter dated
29.01.2016 has submitted that case of UTP Mst. Zarina is not being proceeded in
view of her non-production by the Jail authorities at Larkana, whereas,
remaining co-accused Shahid has already been acquitted by the trial Court under
Section 345 (6) Cr.P.C in view of the compromise reached between the parties.
It has been further stated that trial Court has no objection if the matter is
transferred to any other Additional Sessions Judge at Larkana.
Learned
Deputy Prosecutor General submits that under the circumstances, the case of UTP
Mst. Zarina may be transferred, as there is no legal hinge in this regard.
Accordingly,
Additional Sessions Judge, Kandiaro is directed to transfer the case of UTP
Mst. Zarina being Sessions case No.512/2012 re: State v. Shahid and another,
crime No.35/2012 under Sections 302, 201, 34 PPC registered at police station,
Lakha Road, to the District & Sessions Judge, Larkana, who shall either
proceed with the matter himself or may assign the case to any Additional
Sessions Judge at Larkana. It is expected that the case may be disposed of at
an early date.
Criminal
Transfer Application stands disposed of in the above terms.
JUDGE
JUDGE
N.M.