IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Transfer Appln. No. S-08 of 2025

Applicants	Muhammad Anwar and others
	Through Mr. Muhib Ali Laghari, advocate
Respondents	Called absent.
The State	Through Mr. Aitbar Ali Bullo, D.P.G for the State
Date of hearing	17-03-2025
Date of order	19-03-2025

O R D E R

OMAR SIAL, J.- The applicants pray that the case originating from F.I.R. No. 52 of 2024, registered under sections 298-B and 298-C P.P.C. at P.S. Badeh be transferred from the court of the learned 2^nd Judicial Magistrate, Dokri to any Judicial Magistrate in Hyderabad.

2.       The transfer request is because the applicants fear for their lives if the case proceeds in Dokri. Indeed, the learned 2^nd Judicial Magistrate has himself recorded that the complainant came to court with a mob of 250-300 persons, religiously affiliated persons, who displayed flags, chanted slogans, and created a hostile environment, also disturbing other judicial work. The police had to be called in to control the situation.

3.       It is a person's constitutional right to be given a fair trial. It must also be kept in mind that a person is innocent unless proven guilty. After reading the observations made by the learned trial judge, there is a possibility that the applicant’s right to be treated in accordance with law will be adversely impacted. It is for this reason that the application is allowed. The complainant was sent a notice to appear to record his stance. He did so and sought time to engage a counsel. He then did not appear after that nor did any counsel come.

4.       Given the above, the case arising out of F.I.R. No. 52 of 2024 of P.S. Badeh should be withdrawn from the case docket of the learned 2nd Judicial Magistrate, Dokri, and transferred to Hyderabad. The Learned Sessions Judge, Hyderabad, shall then assign it accordingly.

5.       Criminal transfer application stands disposed of as above.

Judge

Abdul Salam/P.A