ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Transfer App. No. S – 112 of 2019

Date of hearing

Order with signature of Judge

1. For orders on office objection at Flag 'A'.

2. For hearing of main case

16.12.2019

Mr. Munawar Alam Khan, Advocate for applicant/complainant.

Mr. Wajid Ali Abro, Advocate for respondents Nos. 2 to 6.

Mr. Zulifqar Ali Jatoi, Additional P.G.

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Through this transfer application applicant / complainant seeks transfer of criminal case No. 98/2019 Re: state vs. Asadullah and others, crime No. 06/2019 of Police station Rohri under sections 337-A(i), 337-F(ii), 504, 337-L(2), 506/2, 452, 148, 149 PPC pending in the court of 1^st Civil Judge & Judicial Magistrate Rohri to any other court at Khairpur.

Notice of this application was issued to the respondents as well as Additional P.G.

Learned advocate for applicant / complainant submits that respondents / accused are dangerous and desperate criminals and so many F.I.Rs have been lodged against them. It is further submitted that applicant / complainant apprehends danger to his life and prayed for transfer of the case from Civil Judge & J.M Rohri to any court at Khairpur. In support of his contentions, reliance is placed upon the cases of Amir Altas Khan and another v/s The State and 2 others (2002 SCMR 709) and Anas Khalil v/s The State and another (2016 P Cr.L.J 1665).

Mr. Wajid Ali Abro advocate for respondents/accused Nos. 2 to 6 submits that charge has been framed on 12.09.2019. Complainant has failed to appear before trial Court for recording his evidence. Lastly submitted that allegations against accused are baseless.

Mr. Zulifqar Ali Jatoi Additional P.G opposed the transfer application on the ground that transfer application has been dismissed by learned Sessions Judge on account of non-prosecution. Learned Additional P.G further submits that there is no ground to transfer of case from Sukkur to Khairpur, at the most police protection may be provided to complainant for recording his evidence.

I have carefully heard learned counsel for the parties and perused the comments.

Record reflects that applicant/complainant moved transfer application No.63/2019 before learned Sessions Judge, Sukkur but the same was dismissed vide order dated 17.10.2019 on account of non‑prosecution. In fact proper course for the applicant/complainant was to approach the learned Sessions Judge in the first instance but said legal remedy was not exhausted by him. Counsel for the applicant submits that applicant/complainant has life threat and he is unable to appear before learned Sessions Judge Sukkur. In the comments filed by Civil Judge & Judicial Magistrate Rohri, it is mentioned that charge has been framed. To ensure the safety and security of the witnesses is the duty of the state. While dismissing the transfer application it is ordered that S.S.P Sukkur shall provide protection to the complainant and P.Ws on the date of hearing viz. 19.12.2019. Trial Court is also directed to record evidence of complainant and other P.Ws on the said date without fail. Let the copy of order be sent to S.S.P Sukkur by fax for strict compliance.

Transfer application is dismissed in the above terms.

J U D G E

Irfan/PA