ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

Cr. Transfer A. No. S – 61   of 2016.

DATE                                     ORDER WITH SIGNATURE OF JUDGE

13.06.2016.

Mr. Ahsan Gul Dahri, Advocate for the applicant.

Mr. Shahid Ahmed Shaikh, Asstt. P.G. for the State.

Mr. Abdul Hameed Jamali, Advocate for respondent No.1.

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            The applicant has filed this transfer application with the prayer that Sessions Case No.1008 of 2014 (Re: State v. Muhammad Ayoob Dahri and others) arising out of crime No.106 of 2014 Police Station Daulatpur District Shaheed Benazirabad which is pending in the Court of learned III-Additional Sessions Judge Shaheed Benazirabad be transferred to the Court of learned II-Additional Sessions Judge Shaheed Benazirabad, where Sessions case No.968 of 2014, vide crime No.88 of 2014 Police Station Daulatpur District Shaheed Benazirabad,arising out of the same incident lodged by the applicant is pending trial.

            Mr. Abdul Hameed Jamali has filed Vakalatnama on behalf of respondent No.1. He admits that two cases arising from the same offence is proceeding in two different courts. He has no objection if Sessions Case No.968 of 2014 be transferred in the Court of learned III-Additional Sessions Judge Shaheed Benazirabad.

            Learned A.P.G. has also no objection.

            It is quite rational that when two cases are fixed against the same series of offence then it should be appropriate to be tried by one Court in order to avoid conflicting judgments.

            The Sessions Case No.968 of 2014 is accordingly transferred to the Court of learned III-Additional Sessions Judge Shaheed Benazirabad so that both the cases may be tried together and disposed of in accordance with law.

            The application stands disposed of.

                                                                                                JUDGE                     

A.