ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH
AT SUKKUR
Cr. Transfer App. No. S – 115 of
2019
Date
of hearing |
Order with
signature of Judge |
For hearing of
case
1.
For orders on office objections
at Flag-A
2.
For hearing of main case
17.01.2020
Mr. Nasir Ali
Rajput, Advocate for applicant.
Mr. Zulfiqar Ali
Jatoi, Additional Prosecutor General.
.-.-.-.-.-.-.-.-.-.-
Through this Transfer Application,
applicant Mst. Sadori, the complainant in FIR No.115/2017 of P.S Naushahro
Feroze, seeks transfer of Sessions Case No.299/2017 pending before learned 3rd
Additional Sessions Judge, Naushahro Feroze. Notice of this application was
issued to the Additional P.G.
Learned counsel for applicant Mst.
Sadori has mainly contended that a criminal
case bearing Crime No.79/2017 registered at P.S Naushahro Feroze for
offences under Sections 324, 147, 149, 337-H(2), PPC, is pending between the same parties before learned 2nd
Additional Sessions Judge, Naushahro Feroze. It is submitted that it
would be convenient for the applicant in case, this case is transferred from Court
of learned 3rd Additional Sessions Judge, Naushahro Feroze to Court
of learned 2nd Additional Sessions Judge, Naushahro Feroze. Mr. Zulfiqar
Ali Jatoi, Additional P.G submits that case bearing Crime No.79/2017 pending
before learned 2nd Additional Sessions Judge, Naushahro Feroze has
already been disposed of. It is further submitted that both cases are not counter
cases. Learned Additional P.G opposed the transfer application.
Under the law, counter cases only are
to be proceeded together, to avoid the conflict of judgments. Admittedly, both
cases are not counter cases and both Courts are situated in same premises.
Apparently, no inconvenience would be cased to the applicant. No ground for
transfer of the case from the Court of learned 3rd Additional
Sessions Judge, Naushahro Feroze is made out. Transfer Application is without
merit and the same is dismissed.
J U D G
E
Abdul Basit