ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Cr. Transfer Appl. No.S-37 of 2016

DATE        ORDER WITH SIGNATURE OF JUDGE

For katcha peshi.

20.06.2016.

Mr. Bhagwan Das Bheel, Advocate for applicants.

Syed Meeral Shah Bukhari, D.P.G

                                                =

                        The applicants have applied for the transfer of Direct Complaint No.07 of 2015 from the Court of Additional Sessions Judge, Tharparkar at Mithi to Sessions Judge, Sanghar for disposal according to law. The main ground for the transfer of the application is that the applicants are residing at District Sanghar and it is very hard to go and attend the Court of learned Additional Sessions Judge, Tharparkar and the applicants have also apprehension that the respondent No.2 may implicate them in false cases. The learned trial Court has filed the comments in which it is stated that the accused (applicants) after furnishing surety have never made any sort of complaint in writing either to the Sessions Judge or to the Additional District Judge regarding any threat etc. It is further stated that the transfer application has been filed to prolong the proceedings. The learned D.P.G has opposed this transfer application on the ground that the jurisdiction cannot be changed with the convenience of the parties or for the reason that there is some difficulty for the parties to approach the trial Court.

                        Mr. Kanjee Mal Bheel, Advocate has filed Vakalatnama for respondent No.2. He has also opposed the transfer application and pointed out Para-6 of the application in which it is itself stated that the applicants are originally residents of village Malahar Jo Goth Dhebori Taluka Dahli District Sanghar. It is further stated in the transfer application that the respondent No.2 has caused threats for which the applicants’ party may also apply to the trial Court for proper security measures. The transfer application is dismissed however in order to safeguard the interest of the applicants the SSP Tharparkar is directed to provide necessary protection to the applicants as and when they will appear before the trial Court and for this reason the applicants may also approach the SSP Tharparkar and intimate the date of hearing so that necessary arrangements may be made by the SSP in compliance of Court order.

                        Copy of this order may be transmitted to the SSP Tharparkar for compliance.  

JUDGE

Shahid