ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Transfer Appln. No.S-64     of  2013.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE.

14.4.2014.

1. For orders on office objection.

2. For orders on M. A. No.2724/2013.

3. For Katcha Peshi.

Mr. Naushad Ali Tagar, advocate for the applicant/accused.

Mr. Imtiaz Ali Jalbani, Asst. Prosecutor General.

Mr. Faiz Muhammad Larik, advocate for the complainant.

O R D E R.

NAIMATULLAH PHULPOTO, J.-                   Through the instant transfer application, applicant/accused Fazal Muhammad Domki seeks transfer of Sessions Case No.320/2010, arising out Crime No.06/2010, registered at P.S Amrote Sharif, under Sections 302, 337-H(2), 148, 149, PPC, pending in the Court of learned 1^st Additional Sessions Judge, Shikarpur.

          2.       Mr. Naushad Ali Tagar, learned advocate for the applicant/accused, mainly contended that learned trial Judge during the trial pressurized the accused to enter into compromise with the complainant party and expressed intention that in case of failure to arrive at compromise they would be convicted.  It is further submitted that accused lack confidence in trial Judge.  It is submitted that case may be transferred from the Court of learned 1^st Additional Sessions Judge to some other Court.

          3.       Mr. Imtiaz Ali Jalbani, learned Asst. Prosecutor General, assisted by Mr. Faiz Muhammad Larik, learned advocate for the complainant, opposed the transfer application and argued that case is fixed for final arguments and stated that Presiding Officer enjoys good reputation.

          4.       After hearing the learned Counsel for the parties, I have come to the conclusion that allegations made in the transfer application are vague and general in nature.  Such type of the allegations cannot be the ground of transfer.  From the contents of the transfer application, it appears that no specific date has been mentioned by the applicant/accused on which the Presiding Officer pressurized the accused to compromise the matter with complainant party.  Justice requires that Presiding Officer should equally be protected from frivolous transfer applications in order to achieve transparent disposal of the case.  Case is fixed for final arguments, as such, case cannot be transferred as a matter of routine or at the wish of any party unless application is fair and just.  Self-procured mistrust is no ground for transfer of the case, therefore, transfer application is without merit and is hereby dismissed.  However, learned 1^st Additional Sessions Judge, Shikarpur, is directed to decide the case within one month after hearing the parties, strictly in accordance with law and report compliance.

                                                                                                JUDGE