ORDER SHEET

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

Cr. Transfer Appln. No:  121 of 2010.

Date                          Order with signature of judge.

For Katcha Peshi.

14.03.2011.

                        Mr. Ghulam Mehdi Sangi, advocate for the applicant.

                        Mr. Imtiaz  Ahmed Shahani, State Counsel.

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                        Through instant Criminal Transfer Application, the applicant/accused has approached  this court with the prayer to get the Sessions Case No.25/2010 re: State v. Naukaf and others arising out of Crime No.145/2009 at P.S Buxapur registered  for an offence U/S 302, 148, 149 PPC  transferred from the court of learned Additional Sessions Judge  Kashmore  to any other court of competent jurisdiction at Kandhkot.

                        It has been stated in the instant criminal transfer application that the applicant/accused  has serious apprehension   and threat  to his life at the hands of the complainant party who as per applicant,  are bent upon to murder  the applicant/accused.  Per learned counsel, the charge has been framed and the matter  is fixed for recording evidence of the prosecution witnesses however, the  prosecution witnesses are  not coming forward  to record their statements deliberately  as according to learned counsel  they are waiting for the right moment to make an attempt upon applicant/accused.  Per learned counsel,  on each and every date of hearing there are  several armed persons  available in the court premises  surrounding of which is not even  safe.   Notices were issued  to the respondents.  Comments were  called from the learned trial Court.  

                        SIP Fida Hussain Langah, SIO P.S Buxapur  has filed statement    on behalf of the DPO  Kashmore at Kandhkot   who has offered  his explanation and tendered  apology for non-compliance of the court notices.  He  is cautioned to be  careful  and prompt in future  while dealing with  court matters.

                        As per  the police  report,  respondent/complainant namely Haji Thangai  has left for Saudi Arabia  hence notices  could not be served inspite repeated reminders.  Learned trial court has also filed comments wherein it has been stated that the ground raised by the applicant/accused appears to be plausible and he has no objection if the case is  transferred.   In support  of his contentions, learned counsel for the applicant has Mirza Mubarak Ahmed Nusrat v. The State and another  (1990 P.Cr.L.J 1097).

                        I have  heard   the arguments of the  learned counsel for the parties and perused the record. 

                        It appears  that only ground raised  in this criminal transfer application  is about serious apprehension and life threat  to the applicant/accused who  has not leveled  any allegation against the  Presiding Officer however, has requested to transfer the case to some other Judge at Kandhkot not of his choice.  The  complainant inspite of best efforts could not be served, whereas it has been sated that there is no rebuttal on behalf of complainant who  has reportedly  left to Saudi Arabia.

                        Under the circumstances,  I am of the view that   if the instant case is transferred from the court of Additional Sessions Judge, Kashmore, no prejudice will be caused to the complainant party  who has neither appeared  in this Court nor appears before the learned  trial Court  to pursue  the matter.   Accordingly,  Sessions Case No.25/2010 re: State v. Naukaf and others arising out of Crime No.145/2009 at P.S Buxapur registered  for an offence U/S 302, 148, 149 PPC  is transferred  from the court of learned Additional Sessions Judge  Kashmore to learned Sessions Judge Kashmore at  Kandhkot  who may proceed with the case  himself  or assign the same to Additional Sessions Judge, Kandhkot  for  proceeding with the matter and disposal in accordance with the law.

JUDGE