IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Transfer Application No.S-23 of 2018

Applicant:                                        Muhammad Khan s/o Abdullah Khan Chandio

Through Mr.Irfan Badar Abbasi, Advocate

Respondents                                  The State through Mr.Raja Imtiaz Ali Solangi, A.P.G and

Private respondents in person

Date of hearing:                            01.10.2018             

Date of order:                                01.10.2018

O R D E R

IRSHAD ALI SHAH, J.- The applicant by way of instant application u/s.526 Cr.PC has sought for transfer of his case outcome of FIR Crime No.139/2016, u/s.302, 148, 149 PPC of P.S, K.N.Shah from the Court of learned 1^st Additional Sessions Judge, Mehar, to the Court of learned         1^st Additional Sessions Judge, Dadu, mainly for the reason that in that Court, the counter case is already pending adjudication.

2.                    It is contended by private respondents in person that the case which is pending adjudication before the Court of learned 1^st Additional Sessions Judge, Dadu, is not counter case. By contending so, they sought for dismissal of the instant transfer application, as the same according to them is filed by the applicant with ulterior motives.

3.                    Learned counsel for the applicant was fair enough to admit that the case which is pending before the Court of learned 1^st Additional Sessions Judge, Dadu, is not counter case but it is relating to the same parties. By contending so, he sought for transfer of the case of the applicant from the Court of learned 1^st Additional Sessions Judge, Mehar to the Court of learned 1^st Additional Sessions Judge, Dadu, for convenience of the parties to attend the single Court.

4.                    Learned A.P.G did not support the transfer of the case of the applicant to any other Court.

5.                    I have considered the above arguments and perused the record.

6.                    The applicant sought for transfer of his case to the Court of learned 1^st Additional Sessions Judge, Dadu, mainly for the reason that the counter case is pending there. It is transpired now that the case which is pending before the Court of learned 1^st Additional Sessions Judge, Dadu, is not counter case but a different case. In that situation, it would be unjustified to order for transfer of the case from one to other Court, under the pretext that the parties involved in both the cases are same and it would be convenient for the parties to attend the single Court.

7.                    The instant application being misconceived is dismissed accordingly.

                             J U D G E