IN THE HIGH COURT OF SINDH CIRCUIT COURT

LARKANA  

Crl. Transfer Appln. No. S- 40 of 2023.

Applicant:                               Galib Khan and 2 others, through Mr. Abdul Rehman     A. Bhutto, Advocate.

Respondent No.1.                    Ghulam Qadir, through Mr. Irfan Haider Jamali, Advocate.

Respondent No.2.                   The State, Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

Date of hearing:                     01.03.2024.

Date of order:                        01.03.2024.

ORDER

Muhammad Saleem Jessar, J-.  Through captioned application, applicants Galib Khan, Rahib Ali and Israr (accused) seek transfer of a sessions case No. nil of 2023; titled as “State v. Jazeb and others”, emanating from F.I.R No.79 of 2023 of P.S         A-Section Thull (District Jacobabad) from Court of learned Additional Sessions Judge Jacobabad, on the ground that respondent No.1 (complainant of the case), who is serving in police department as constable, has been extending murderous threats to applicant party.

            Heard learned counsel for the applicants, learned counsel for respondent No.1, as well as learned D.P.G., appearing for the State.

            A bare perusal of the memo of transfer application reflects that, neither proper number of the Sessions case (sought to be transferred) has been mentioned therein, nor the proper number of the trial Court where from the case is sought to be transferred, has been mentioned. However, it came on surface when comments were received from Court below, that the case is pending trial before the Court of Civil Judge and Judicial Magistrate, Thull, whereas applicant has made prayer for transfer of case from Court of Additional Sessions Judge.

            Furthermore, the only ground urged for transfer of the case is that the respondent/ complainant has been extending threats to the applicants/ accused, but no any proof in this regard has been placed on record. On the contrary, the applicants/ accused (themselves) are facing trial for extending murderous threats to the respondent/ complainant. It is settled law, that cases cannot be transferred as a matter of routine at the wish of any of the parties without any solid ground. Accordingly, in view of foregoing the instant transfer application being devoid of merits stands dismissed.

                                                       Judge

Ansari