ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Transfer Application No. S-57 of 2024

DATE	ORDER WITH SIGNATURE OF JUDGE

1. For orders on office objections at flag "A".

2. For hearing of main case.

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15.08.2024

Mr. Abdul Nabi Chandio, Advocate for the Applicant/Complainant.

Mr. Habibullah G. Ghouri, for the respondent.

Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

O R D E R

KHADIM HUSSAIN SOOMRO, J.-Through this Criminal Transfer Application, Applicant/Complainant Amjad Ali Khuhawar seeks withdrawal of Sessions Case No.210 of 2024(re-The State v/s. Amanullah Bhatti and others), based on Crime No.31 of 2024 registered at Police Station Hyderi under sections 324, 506/2, 337-H(2), 148, 149, 109 P.P.C from the Court of the learned VI-Additional Sessions Judge, Larkana to any other Court of competent jurisdiction only on the ground that the attitude of the learned Presiding Officer has become very harsh to them and he has issued N.B.Ws against the P.Ws.

2.       Mr. Habibullah G. Ghouri, Advocate has filed Vakalatnama. I have heard the learnedcounsel for the parties and perused the material available on the record.

3.       The review of the case diaries dated 20.05. 2024, indicates that the complainant's counsel submitted a vakalatnama and an application for adjournment, which was granted with specific instructions for the complainant to appear in court with his witnesses. The matter was subsequently adjourned to 05.06.2024. On that date, the complainant's witnesses were once again absent. On June 26.06.2024, and 20.07.2024, the complainant's counsel submitted other applications for adjournments, which were granted as a last and final chance for the complainant to appear with witnesses and adduce their evidence. Consequently, the trial court issued N.B.Ws to compel the attendance of the complainant and his witnesses. The issuance of these N.B.Ws has caused apprehension for the applicant.

4.       It is hereby clarified that the transfer of a case from a criminal court cannot be demanded as a matter of right or solely at the request of the complainant unless the transfer application demonstrates fairness and justice. In the present case, such criteria are not met. The mere apprehension of the complainant regarding potential bias or lack of justice from the presiding officer of the court is insufficient grounds for transferring the case.

5.       Accordingly, the instant Criminal Transfer Application being devoid of merits is dismissed.

    Judge

Manzoor