ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.

Crl. Transfer Application No. S-104 of 2019

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DATE             ORDER WITH SIGNATURE OF JUDGE ________________________________________________________________

 

For hearing of main case.

 

 

 

02-12-2019.

 

Mr. Ghulam Shabbir Dayo Advocate for applicant / complainant.

Mr. Ubedullah Malano, Advocate for respondents / accused.

Syed Sardar Ali Shah D.P.G.

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                        Through this transfer application applicant / complainant seeks transfer of criminal case No. 130 of 2019 ‘ State vs. Mian Ghulam Rasool and others’  pending before learned IInd Judicial Magistrate Rohri to some other Court. Notice was issued to the respondents  as well as Additional P.G. Comments were called. It appears that applicant / complainant moved transfer application against IInd Civil Judge /Judicial Magistrate Rohri before learned Sessions Judge Sukkur, the same was dismissed by him vide order dated 05.10.2019.

                        Mr. Ghulam Shabbir Dayo counsel for applicant / complainant submits that learned Judicial Magistrate in open Court expressed that accused have approached him from all the corners. It is argued that applicant/complainant has lost confidence in Presiding Officer.

                        Syed Sardar Ali Shah Deputy Prosecutor General submits that there is Court of Ist. Civil Judge & Judicial Magistrate Rohri in the same premises and case may be transferred to that Court.

                        Mr. Ubedullah Malalno Advocate for respondents / accused denied the allegations attributed to accused and opposed the transfer application .

                        Without touching the controversy about the allegations against the Presiding Officer deeply, keeping in view the fact that Court of 1st Civil Judge & Judicial Magistrate is also situated in the same premises at Rohri. For expeditious disposal of the case, transfer application is allowed and case is transferred from the Court of learned 2nd Civil Judge & Judicial Magistrate Rohri to the Court of 1st Civil Judge & Judicial Magistrate Rohri, with directions to decide the case within two     (02) months.

                        Transfer application is disposed of.

                                                     

                                                                                               JUDGE

Irfan/PA