ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.

Criminal Transfer Application No. S-108 of 2019

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DATE ORDER WITH SIGNATURE OF JUDGE ________________________________________________________________

For hearing of main case.

02-12-2019.

Mr. Shahid Ali Panhwar Advocate for applicant / complainant.

Mr. Faiz Muhammad Leghari Advocate for respondent No.4.

Syed Sardar Ali Shah Rizvi D.P.G.

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Applicant / complainant Imdad Hussain seeks transfer of Sessions case No. 317 of 2019 pending before the court of learned IIIrd Additional Sessions Judge Naushehro Feroze.

Notice of this transfer application was issued to the respondents as well as Additional P.G. Comments were called from learned trial Judge.

Learned advocate for the complainant mainly argued that attitude of the presiding officer is harsh and applicant apprehends that he would not get justice. D.P.G assisted by Mr. Faiz Muhammad Leghari Advocate argued that allegations are baseless and unfounded and opposed the transfer application.

Learned trial Judge in his comments has mentioned that transfer application has been moved to pressurize him, he has denied the allegations.

Mr. Faiz Muhammad Leghari Advocate appeared for the respondents submits that charge has been framed on 05.10.2019, since than complainant has failed to appear before the trial Court for evidence and delaying tacts are being used.

In my considered view, allegations against the Presiding Officer have not been substantiated by cogent material / evidence. Charge has been framed on 5^th October, 2019, complainant has failed to appear before the trial Court for his evidence. Transfer of a case from one Court to another indirectly casts doubt on the competence and integrity of the Judge from whom the case is sought to be transferred. Mere presumptions or possible apprehension are not sufficient. Only good and sufficient grounds clearly set out in the transfer application may justify the transfer of the case. The law is well-settled that a litigant cannot choose a Judge / Court of his own choice. In the present Transfer application, there is allegation of harsh attitude against Presiding Officer but without material / evidence. Alleged impropriety attributed to the Judge having been duly explained in the comments. Transfer application is without merit and the same is dismissed.

JUDGE

Irfan/PA