O R D E R     S H E E T

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Crl. Transfer application No. S- 97     of 2010

Date	Order with signature of the Judge

1. For orders on M.A No. 122/2010

2. For Katcha Peshi.                                  

24.01.2011.

Mr. Abdul Karim Surahio, advocate for applicant.

Mr. Naimatullah Bhurgri, State counsel.

                                    -------

            Through instant application, the applicant has prayed for transfer of the case from the Court of V-Additional Sessions Judge, Larkana to any other Additional Sessions Judge, on the ground that attitude of the Presiding Officer towards the accused has become very harsh. In support of his contention he has placed case diary dated 17.08.2010 which reads as follows:-

17.6.2010

            Case called. Accused Roshan Ali, Ali Hassan, Muhammad Sachal and Ghulam Muhammad are present on bail. DDPP is present. The transfer application in this case was dismissed such order copy was received from Honourable High Court of Sindh Circuit Court Larkana. Call for PWs. Put off to 02.09.2010 for evidence. Present accused are directed to attend.”

            Learned State counsel has objected to the maintainability of the instant criminal transfer application and submitted that no cogent ground has been mentioned by the applicant in the instant transfer application.  It has been further pointed out that similar application i.e. Crl. Transfer Application No.64/2010 was moved by the present applicant/accused before this Court which was dismissed by this Court on 27.07.2010.

            I have heard the applicant who is present in person and the learned State counsel and also perused the record. From perusal of the contents of the instant criminal transfer application it appears that no substantial ground for seeking transfer of the case under section 526, Cr.P.C. has been highlighted whereas vague allegations, based on misconceived apprehensions, have been leveled. It appears that applicant, by filing frivolous applications, is causing unnecessary delay just to thwart the legal proceedings which amounts to the abuse of the process of law.

             Nothing has been placed on record by the applicant in support of his allegations against the learned trial Judge which may reflect upon the alleged harsh attitude or misconduct on the part of the presiding officer.

 Under the circumstances, I do not find any substance in the instant criminal transfer application which is accordingly dismissed with no order as to costs.

                                                                                                            Judge