IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Transfer
Application No.03 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of main case
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18.02.2025
Mr. Baber Hussain, advocate, holds
brief for Mr. Nafees Alam Siddiqui, advocate for applicant
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Applicant,
who is facing trial in Complaint (IDPC
No.76/2022) filed under sections 3, 4, 7 and 8 of the Illegal Dispossession
Act, 2005, has filed the instant criminal transfer application on the ground
that learned Presiding Officer kept him waiting upto 05:00 p.m. to 07:30 p.m.,
without any progress in trial. Comments were called in the transfer application
from learned trial Court, which have been received today. Relevant portion of
the comments is reproduced as hereunder:
“2. I
have the honour to further respectfully submit that on 24.12.2024, ID Complaint
No.76/2022 was fixed for judgment, but accused Muhammad Rashid Khan in the
early hours got his attendance marked and then gone away without intimation,
thus bailable warrant and notice to his surety was ordered to be issued and
case was adjourned to 31.12.2024 for judgment and service of bailable warrant
against him. On 31.12.2024 accused appeared along with his counsel and got his
absence condoned, however the matter was adjourned to 06.01.2025 for judgment
but on 06.01.2025 accused along with his counsel present in Court and moved an
application under section 540 Cr.PC and the matter was adjourned to 08.01.2025
for hearing on the said application. On 08.01.2025 accused along with his
counsel was present, and the arguments were heard on application under Section
540 Cr.PC and matter was adjourned to 11.01.2025. However, on 11.01.2025 the
case could not be proceeded as the work was suspended by KBA and the case was
adjourned to 15.01.2025. On said date accused got his attendance marked in
early morning and then gone away without intimation. However, the case was
adjourned to 20.01.2025. On 20.01.2025 accused was called absent and his
counsel filed application for condonation of his absence on medical ground,
thus this Court asked his counsel to produce medical record of the accused and
the matter was adjourned to 25.01.2025. On 25.01.2025 again accused was called
absent and his counsel filed application for condonation of his absence along
with medical certificate and this Court called verification of such record and
adjourned the matter to 10.02.2025. On 10.02.2025 again accused called absent
and his counsel again filed application for condonation of his absence,
however, administrator of Al-Mustafa Hospital appeared and assured that the
doctor who issued the medical certificate will appear on the next date, hence
case was adjourned to 12.02.2025, and on said date Dr. Muhammad Farooq attended
this Court and filed statement from which it appears that accused is not
suffering from any serious disease. On 12.02.2025 and afterwards the accused
remained absent without any intimation and his conduct shows that he is
creating hurdles in smooth proceedings. Now the matter is fixed on 21.02.2025
for further proceeding including hearing of application u/s 540, Cr.PC,
attendance of accused etc.”
From
the perusal of record, it appears that instant transfer application has been
filed by applicant without any substance, therefore, instant criminal transfer
application is dismissed. However, learned trial Court is directed to conclude
the trial expeditiously, preferably within a period of two months, without
granting any adjournment to either party on any flimsy grounds.
J U D G E
Gulsher/PS