ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Transfer  Appln.   No. 22 of  2011.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

FOR KATCHA PESHI.

07.3.2011

                        Applicant Inspector Ansar Ali is present in person.

                        Mr. Imtiaz Ali Shahani, State Counsel.

                                                -.-.-.-.-.-.-

                        Through listed application, the applicant/accused namely Ansar Ali has prayed for transfer of the case from the Court of learned IIIrd Additional Sessions Judge, Larkana to any other Court on the ground that he has lost confidence in the learned Presiding Officer.

                        Pursuant to  notice dated 14.2.2011, the comments were called from the learned trial Court and notice was issued to complainant, who is present in Court and states that since the matter is proceeding before the learned trial Court, evidence of the complainant and prosecution witness namely PC Sanaullah has been recorded on 29.1.2011. Whereas one more prosecution witness other than official and Investigating Officer is required to be recorded. From the perusal of the comments of the learned IIIrd Additional Sessions Judge, Larkana, it appears that the matter was earlier proceeding before the learned 6^th Additional Sessions Judge, Larkana which was transferred by the order of the learned District & Sessions Judge, Larkana to learned IIIrd Additional Sessions Judge, Larkana for disposal of the case according to law. It further appears that the applicants were shown absconding. The applicant/accused after obtaining pre arrest bail surrendered before the learned IIIrd Additional Sessions Judge, Larkana.

            From perusal of the grounds seeking transfer, it seems that no cogent reason or valid ground appears to have been mentioned in the listed application, except vague ground of  having lost confidence on the learned Presiding Officer, whereas no instance, supporting allegation of the applicant has been cited. In the circumstances, I do not find any merits in the instant Crl. Transfer Application, which is accordingly dismissed. However, it is expected that the learned trial Court shall not be prejudiced by such transfer application and shall proceed with the matter strictly in accordance with law.

Judge