ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.
Crl.
Transfer Application No. S-104 of 2019
_________________________________________________________________
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