Cr.Tr.A.No.S-24 of 2014

For Katcha Peshi

12.10.2015

Mr. Shahzad Gul Kalwar for respondents Nos.2 & 3.

Mr. Zulfiqar Ali Jatoi, Deputy Prosecutor General.

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The applicant and his counsel called absent, no intimation received. Learned counsel for the respondents submits that false allegation has been levelled in the instant criminal transfer application against the Presiding Officer which besides being baseless are also scandalous in nature, whereas, according to learned counsel the applicant/complainant party is not recording his evidence. It has been prayed that instant transfer application may be dismissed.

Learned Deputy Prosecutor General submits that no reasonable grounds have been raised in the instant criminal transfer application requiring transfer of criminal case from one Court to other in terms of section 526 Cr.P.C, whereas, baseless allegations have been levelled against Presiding Officer. It has been further submitted by the learned DPG that the matter may be disposed of with directions to the applicant to get their evidence recorded, whereas, the learned trial Court may be directed to proceed with the matter expeditiously, and to dispose of the same within reasonable period of time.

Perusal of record shows that no plausible ground, except baseless allegations against the presiding officer, has been raised in terms of section 526 Cr.PC which may justify filing instant transfer application. The applicant and his counsel are called absent without any intimation, whereas, instant criminal transfer application is pending since 2014, whereafter, it has been reported by learned counsel for the respondents that the trial could not proceed before the learned trial Court as applicant is not coming forward to record evidence. Accordingly, instant criminal transfer application is dismissed for non-prosecution, however, with directions to the learned trial Court to proceed with the matter expeditiously and dispose of the same, preferably, within a period of three months. In case the complainant side seeks protection of the Court, the same shall be provided in accordance with law.

JUDGE

N.M.