ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl.  Transfer Appln. No.S-23 of 2020.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objection 'A'.

2. For hearing of main case.

12.11.2020

Mr. Habibullah G. Ghouri, advocate for the applicant/complainant.

                   Mr. Ali Anwar Kandhro, Addl. P. G.

                                      -.-.-.-.-.-

                   Through this Crl. Transfer Application, applicant/complainant Muzafar Ali seeks transfer of Sessions Case No.408/2018 re: State v. Qalandar Bux and others for offences under section 302, 148, 149, 337-H(2), PPC in Crime No.35/2018 of Police Station Taluka, presently pending before the learned VI-Additional Sessions Judge/MCTC, Larkana.

2.                Notice of this application was issued to the accused Anwar @ Saeed Khan , Qalandar Bux and Walidad as well as learned Addl. P.G. Comments were called from learned trial Judge.

3.                 Accused Anwar @ Saeed Khan is present and recorded no objection for transfer of the case to some other Court. Notices have been served upon Qalandar Bux and Walidad, who are presently confined at Central Prison.

4.                The learned advocate for the applicant/complainant mainly contended that complainant and his witnesses appear before the trial Court on every date of hearing, though the said Court has been declared as MCTC, but the case is not being proceeded. It is further contended that complainant is interested to proceed with the case despite that delay is being caused by the learned trial Judge. Learned Addl. P. G has also recorded no objection for transfer of the case for expeditious disposal of the case.

5.                Despite service of the notice upon accused Qalandar Bux and Walidad, who are in custody, no response is received They have also failed to submit the request for adjournment through Superintendent Central Prison.

6.                It is observed that expeditious disposal of the case is right of both the parties. Learned trial Judge in the comments has submitted that complainant and his witnesses appear before the trial Court then, there was no justification to return the Prosecution Witnesses unexamined, though learned VIth Additional Sessions Judge, has been declared as MCTC.

7.                In the view of above stated circumstances, case is withdrawn from the file of learned VIth Additional Sessions Judge/MCTC Larkana and it is made over to learned Sessions Judge, Larkana, for conducting the trial himself or to transfer it to some other Additional Sessions Judge, for expeditious disposal of the case in accordance with the law.

8.                In the view of above, transfer Application is allowed.

Judge