ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Transfer Appln.No.D-08 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

23.02.2022

                        Mr. Ashfaque Hussain Abro, Advocate for the applicant.

                        Mr. Shakeel Ahmed G.Ansari, Advocate for private respondent.

                        Mr. Aitbar Ali Bullo, D.P.G for the State.

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                        The applicant by way of instant criminal transfer application has sought for transfer of case from the Court of learned Anti Terrorism Court, Shikarpur, to any other Court of competent jurisdiction for the reason that Presiding Officer of the said Court has provided his cell number and two security guards to the complainant and is oftenly misbehaving with him.

                        It is contended by learned counsel for the applicant that in all fairness, the case of the applicant be withdrawn from the file of Anti Terrorism Court, Shikarpur and to be made over to any other Court of competent jurisdiction for its disposal in accordance with law, which is opposed by learned D.P.G for the State and learned counsel for the private respondent by contending that the applicant is attempting to defeat the trial by leveling false allegations against the learned Presiding Officer of trial Court.

                        We have considered the above arguments and perused the record.

                        The security, if any, is provided to the private respondent by an Ex-Officio Justice of Peace. It would be hard to believe that the Judge of the Court would provide his cell number to anyone that too in presence of his rival to make it public at the cost of his honour. No particular instance is pointed out by the applicant, which may suggest that the learned trial Judge has actually misbehaved with him during course of hearing of his case. No criminal case could be transferred from one to other Court, on the basis of false and self procured grounds. Consequently, the instant criminal transfer application is dismissed accordingly.    

      JUDGE

         JUDGE