ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Transfer Appln. No. S- 46 of 2023. 

Date of hearing                                 Order with signature of Judge.

For hearing of main case.

                        Mr. Abdul Rehman A. Bhutto, advocate for the applicants.

                        Mr. Ali Anwar Kandhro, Addl. P.G

Date of hearing :       23.11.2023.

Date of Order    :       23.11.2023.

O R D E R

            Applicants Attaullah and Muhammad Azeem, both by caste Bhutto, have prayed for transfer of Direct Complaint No.10/2023, Re- Tillan Khan Bhutto v. Rais Attaullah Khan & others, from the Court of Additional Sessions Judge, Kashmore to any other Court having jurisdiction in the District.

2.         Pursuant to directions contained in the previous order, the trial Court/Additional Sessions Judge, Kashmore has submitted comments, which on perusal reveals that an application u/s 265-K Cr.P.C filed by the applicants/accused was dismissed on 19.9.2023; whereafter, on 14.10.2023 examination-in-chief of the complainant Tillan Khan was recorded and his further examination-in-chief was reserved on an application moved by the complainant himself for want of certain documents. The counsel present submits that after dismissal of the said application under Section 265-K Cr.P.C, the present applicants have apprehension that they will be convicted by the trial Court, hence; they have moved instant transfer application.

3.         Learned Addl. P. G opposes the transfer application.

4.         After careful consideration of the record, I am of the view that adverse judicial order, whereby an application u/s 265-K, Cr.P.C filed by the applicants was dismissed by the trial Court, does not provide justification to the applicant to seek transfer of the case inasmuch as the applicants have remedy to challenge that judicial order before the higher forum. If such a ground is considered, then it will give rise to endless litigation seeking transfer of cases. Apprehension based on unfounded and conjectured supposition cannot provide basis for transfer of case from one Court to the other. A case cannot be transferred on the vague and absurd allegations and at the whim of a party who moves application expressing no confidence in the trial Judge and desiring transfer of case on flimsy, frivolous and baseless allegations. 

5.         In view of above, I do not find any substance in instant transfer application, which is hereby dismissed.  However, the trial Court is directed to expedite the trial and conclude it within shortest possible time under intimation to this Court.

6.         The application stands disposed of.

                                                                                                                        JUDGE