Crl:Transfer Application No.S- 70 of 2012.

FOR, KATCHA PESHI.

16.11.2012.

Miss: Rizwana Jabeen Siddiqui, Advocate for the Applicant.

Mr.S.Sardar Ali Shah, A.P.G

=x=x=x=x=x=x==x=x=x=x=x=

SALLAHUDDIN PANHWAR, J:- The applicant/accused Miran alias Mir Muhammad has filed this transfer application and seeks transfer of Sessions Case No. 114 of 2003 (The State Vs. Sajjand and others) Under sections 302, 324, 452, 337-F(iii), 337-H(2) & 34 PPC Crime No.114 of 2003 of Police Station, Abad Sukkur pending on the file of the Court of learned Ist.Additional Sessions Judge, Sukkur to some other court, having jurisdiction.

02. The relevant facts are that the applicant/accused was convicted in the murder case by the trial Court; applicant preferred appeal before this Court and appeal was allowed and case was remanded back for examination of some material witnesses with directions to conclude the trial within 03 months; applicant seeks transfer on the ground that since trial court has awarded conviction to the applicant/accused, therefore, already opinion has been formed by the trial Judge, thus, trial court again will not consider the relevant material and justice will not be done.

03. During pendency of this transfer application, new development has been surfaced that parties have been patched-up, thereby they have filed compromise application before the trial court along with bail application and the same is pending.

04. Learned counsel for the applicant inter-alia contends that since the complainant has given no objection, therefore, case may be transferred to another court on the ground of no objection.

05. Learned A.P.G on behalf of State has vehemently opposed the transfer application.

06. Heard counsel (s), perused the record.

07. It is a matter of record that complainant has recorded no objection regarding the transfer of Sessions Case No.114 of 2003 St.Vs. Sajjan and others to any other court and further has mentioned that parties have been patched-up and such fact is also pointed out by the counsel for the applicant that compromise application so also bail application is pending before the trial Court. On query, counsel failed to explain the reason of seeking transfer of case, when admittedly parties have come on compromise, such application, along with bail application is pending, and moreover there is no grievance against the Presiding Officer. I may add here that transfer of a case from the file of a court could not be claimed to be justified merely on count of no objection from complainant side but the plea of transfer can only sustain where pendency of the case on the file of trial court is likely to cause any prejudice to the party, seeking transfer, which is evidently, not the case in hand hence the instant transfer application is devoid of merits, thus is liable to be dismissed.

08. As discussed above, instant application is dismissed with direction to the trial court to proceed the case according to law.

JUDGE

A.R.BROHI