Cr.Tr.A.No.S-47 & 48 of 2016

For Katcha Peshi

02.05.2016

Mr. Falak Sher Sandeelo advocate along with applicants.

Mr. Zulfiqar Ali Jatoi, Deputy Prosecutor General a/w complainant.

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Applicant/accused seeks transfer of criminal cases No.397/2014 and No.16/2015 from the Court of learned 3^rd Civil Judge & Judicial Magistrate, Khairpur, to any other Court at District Khairpur, on the allegation that the complainant visits the learned Judge in the Chambers frequently and the learned trial Court has stated in open Court that if the applicant/accused will not compensate the respondent/complainant, they might be convicted in the aforesaid cases. Learned counsel for the applicant submits that similar application was moved before the learned Sessions Judge, Khairpur under Section 528 Cr.P.C which has been dismissed, therefore, instant criminal transfer application has been filed under Section 526 Cr.P.C with the request that aforesaid cases of the applicant/accused may be transferred to some other Court.

Notices were issued, pursuant to which respondent No.1 Ghulam Asghar has shown appearance and denies such allegations and submits that neither he has visited the learned Judge in Chambers nor he exercised any influence over the learned Judge and submits that since the matter has been concluded and fixed for final arguments, therefore, cases may not be transferred at this stage.

Learned DPG submits that no reasonable ground has been shown by the applicant/accused seeking transfer of the aforesaid cases from one Court to another, as mere allegations have been levelled against the Presiding Officer without any substance. It has been further stated that aforesaid cases have been registered under Section 506/2 PPC and prima facie has nothing to do with the payment of money to the complainant party, therefore, such allegation is otherwise baseless.

Heard learned counsel for the applicant/accused, the respondent in person and the learned DPG and perused the record, which reflects that no sufficient ground has been raised, which may require this Court to transfer the aforesaid cases from the Court of learned 3^rd Civil Judge & Judicial Magistrate, Khairpur to any other Court. Moreover, matter is fixed for final arguments. The apprehension of the accused appears to be misconceived in view of hereinabove facts and circumstances of the case and instant transfer application being devoid of merits is dismissed, however, learned trial Court shall ensure that the aforesaid cases may be finally concluded within reasonable period of time, whereas, well-reasoned judgment shall be passed in accordance with law without being influenced by either party.

JUDGE

N.M.