ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Tr. A. No. S-105 of 2017

Date Order with signature of Judge

For orders on office objection

For katcha peshi

26.03.2018

Mr.Muhammad Aslam Shahani, Advocate for applicant

Mr.Sundar Khan Chachar, Advocate for private respondents.

Mr.Abdul Rehman Kolachi DPG

.,.,.,.,.,.,.,.,.,.,.,

It is contended by learned counsel for applicant that the applicant is apprehending danger to his life at the hands of private respondents while attending hearing of his case outcome of FIR/Crime No:35/2017 U/S 324, 337-F(ii), 34 P.P.C of P.S Retti before the court of learned Additional Sessions Judge at Ubauro. By contending so, he sought for transfer of the case of the applicant to any other court of competent jurisdiction at Ghotki.

Learned counsel for the respondents have opposed to transfer the case of applicant by contended that no cogent ground is advanced for doing so.

I have considered the above arguments and perused the record.

It is not made known by the applicant that as to when, where at what time and in what manner he was threatened by the private respondents, when he was going to attend the hearing of his case before the court of learned Additional Sessions Judge at Ubauro, which appears to be significant. If for the sake of arguments, it is believed that the applicant was actually threatened by the private respondents as is alleged by him then he ought to have reported the incident to the learned trial court at Ubauro or the police having jurisdiction. It was not done by the applicant for no obvious reason, which again appears to be significant. In that situation the seeking of transfer of his case by the applicant from Ubauro to any other court of competent jurisdiction at Ghotki is appearing to be an attempt on his part to defeat the fair trial of his case against the private respondents. No criminal case could be ordered to be transferred on the basis of false ground.

In view of above, the instant transfer application is dismissed.

J U D G E