ORDER SHEET

THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Crl.Transfer.Appln.No.S-34 of 2018

Date	Order with signature of Judge

1. For hearing of M.A.No.1812/2018

2. For hearing of case.

3. For hearing of M.A.No.1813/2018.

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11.10.2018

Ms. Najaf Shah, Advocate for the applicant.

Mr. Raja Imtiaz Ali Solangi, A.P.G.

Complainant Qurban in person.

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                   The applicant by way of instant application has sought for transfer of his case from the Court of learned 1^st Additional Sessions Judge, Mehar to any other Court, at Hyderabad, Jamshoro, Matiari,Tando Allah Yar, Tando Muhammad Khan, Badin and Mirpurkhas.

                   It is contended by learned counsel for the applicant that he is not expecting fair trial at the hands of learned 1^st Additional Sessions Judge, Mehar, who is influenced by the local politicians. By contending so, she sought for transfer of case of applicant to any other Court outside of District Dadu.

                   It is contended by learned A.P.G who is assisted by the complainant that the similar application has already been dismissed by the Honourable Chief Justice of Sindh. By contending so, he sought for dismissal of the instant application.

                   In rebuttal to above, it is contended by learned counsel for the applicant that the earlier application was filed by the co-accused and not by the applicant.

                   I have considered the above arguments and perused the record.

                   The allegation leveled against learned 1^st Additional Sessions Judge, Mehar, has been denied by him while filing his comments. The transfer of case of the applicant has already been denied by the Honourable Chief Justice of Sindh, vide order dated 25.05.2017, passed in Crl.Transfer Appln.No.66/2016, by making an observation that the application is based on evasive and vague grounds. In that situation, it would be hard to order for transfer of case of the applicant only for the reason that the earlier application was not moved by him but by the       co-accused.

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

                                                                                             J U D G E

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