ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Transfer App. No. S – 120 of 2019

Date of hearing

Order with signature of Judge

For hearing of case

1. For orders on office objection at Flag-A

2. For hearing of main case

10.02.2020

Mr. Ali Gul Abbasi, Advocate for applicants / accused.

Mr. Zulfiqar Ali Jatoi, Additional Prosecutor General.

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Through this Transfer Application, applicants / accused Mohabat and 06 others seek transfer of Sessions Case No.198/2019 pending against them before learned Additional Sessions Judge, Ubauro to the Court of learned Additional Sessions Judge, Pano Aqil mainly on the ground that these are two counter cases pending between the parties. Notice of this Transfer Application was issued to the respondents as well as Additional P.G.

2. Mr. Ali Gul Abbasi, learned counsel for the applicants mainly contended that this is the case of counter version. It is further submitted that complainant Khamiso lodged an FIR bearing Crime No.39/2018 at P.S Yaro Lund, District Ghotki for offences under Sections 302, 201, 365-B, 147, 148, PPC, on 28.08.2018, case is presently pending before leaned Additional Sessions Judge, Ubauro. Subsequently, Mst. Malookan filed Direct Complaint bearing No.68/2018 under Sections 364, 147, 148, 149, PPC on 11.10.2018, said case is presently pending before learned Additional Sessions Judge, Pano Aqil. Mr. Ali Gul Abbasi, learned counsel for the applicants mainly submitted that motive in both the cases is same. However, Mr. Abbasi admits that there are different sets of the accused in both the cases. He lastly submitted that to avoid the conflict of the judgment, it would be better that both cases may be ordered to be decided together. In support of his submissions, he has relied upon the cases reported as Muhammad Idrees alias Din Muhammad V/S The State and 23 others (1986 P Cr. L J 1679) and Anwar Ali V/S The State and 5 others (2018 P Cr. L J 443).

3. Mr. Jatoi, learned Additional P.G submits that places of incidents in both the cases are different; that sets of accused in both the cases are also different. Lastly, he submits that these are not counter cases.

4. After hearing the learned counsel for the parties, I have perused the FIR bearing Crime No.39/2018 lodged by complainant Khamiso on 28.08.2018 at P.S Yaro Lund, District Ghotki for offences under Sections 302, 201, 365-B, 147, 148, PPC, in which place of incident has been shown as Pir Pakhroi. I have also perused the Direct Complaint No.68/2018 pending before learned Additional Sessions Judge, Pano Aqil, filed by complainant Mst. Malookan against Khamiso and others. Admittedly, places of incidents and sets of accused in both the cases are different. Territorial jurisdiction of both the Courts is also different. Apparently, this is not the case of counter version. As regards to contention of Mr. Ali Gul Abbasi, learned counsel for the applicants that motive for the commission of the offence is same in both cases, it is observed that counsel for the parties have right to cross-examine the prosecution witnesses at trial.

5. Obviously, both cases are not counter cases, therefore, transfer application is without merit and the same is dismissed. However, both learned trial Courts are directed to decide the cases within three (03) months.

J U D G E

Abdul Basit