ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Transfer Appln. No. D–15 of 2016

Date	Order with signature of Judge

1. For order on office objection.

2. For hearing.

17-03-2016

Mr. Nusrat Hussain Memon, advocate for the applicant.

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

.-.-.-.-.-.-.-.-.-.-.-.-.

          On the last date of hearing, learned counsel for the applicant was directed to satisfy this court as to maintainability of instant criminal transfer application and to explain as to why the applicant without approaching the trial court for seeking transfer of the case from or                                                                                                                                                                                                                    dinary court to ATA Court, has directly approached this court by filing instant criminal transfer application. To such query, learned counsel for the applicant could not satisfactorily respond to the same, however, submits that the trial court has not accepted the application of the applicant.

          Learned D.P.G submits that instant criminal transfer application seeking transfer of the case from ordinary court to ATA court cannot directly be entertained by this Court, unless the applicant approaches the trial court with such request and in case of any adverse order such application can be filed before this court challenged the order passed by the trial court.

          Accordingly, we do not find any substance in instant criminal transfer application which is premature, the same is hereby dismissed. The applicant is at liberty to approach the trial court to file such application, which shall be decided in accordance with law after providing an opportunity of being heard to the applicant.

Judge

Judge

Abdul Salam/P.A