ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Transfer App. No. S – 115 of 2019

Date of hearing

Order with signature of Judge

For hearing of case

1. For orders on office objections at Flag-A

2. For hearing of main case

17.01.2020

Mr. Nasir Ali Rajput, Advocate for applicant.

Mr. Zulfiqar Ali Jatoi, Additional Prosecutor General.

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Through this Transfer Application, applicant Mst. Sadori, the complainant in FIR No.115/2017 of P.S Naushahro Feroze, seeks transfer of Sessions Case No.299/2017 pending before learned 3^rd Additional Sessions Judge, Naushahro Feroze. Notice of this application was issued to the Additional P.G.

Learned counsel for applicant Mst. Sadori has mainly contended that a criminal case bearing Crime No.79/2017 registered at P.S Naushahro Feroze for offences under Sections 324, 147, 149, 337-H(2), PPC, is pending between the same parties before learned 2^nd Additional Sessions Judge, Naushahro Feroze. It is submitted that it would be convenient for the applicant in case, this case is transferred from Court of learned 3^rd Additional Sessions Judge, Naushahro Feroze to Court of learned 2^nd Additional Sessions Judge, Naushahro Feroze. Mr. Zulfiqar Ali Jatoi, Additional P.G submits that case bearing Crime No.79/2017 pending before learned 2^nd Additional Sessions Judge, Naushahro Feroze has already been disposed of. It is further submitted that both cases are not counter cases. Learned Additional P.G opposed the transfer application.

Under the law, counter cases only are to be proceeded together, to avoid the conflict of judgments. Admittedly, both cases are not counter cases and both Courts are situated in same premises. Apparently, no inconvenience would be cased to the applicant. No ground for transfer of the case from the Court of learned 3^rd Additional Sessions Judge, Naushahro Feroze is made out. Transfer Application is without merit and the same is dismissed.

J U D G E

Abdul Basit