ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl.  Transfer Appln. No.S-42 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.

23.11.2020

M/S Ahsan Ahmed Qureshi and Muhammad Bilal Bhutto, advocates for the applicant/complainant.

                   Mr. Tufail Ahmed Kumbhar, advocate for respondent No.2.

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

                                      -.-.-.-.-.-

                   Through this Crl. Transfer Application, applicant/complainant Mst. Waziran, seeks transfer of Sessions Case No.129/2020 re: State v. Allah Wadhayo and others for offence under sections 302, 324, 114, 148 & 149, PPC in Crime No.03/2020 of Police Station Dakhan, District Shikarpur, Presently pending before the learned Ist. Additional Sessions Judge/MCTC, Shikarpur, to any other Court of Larkana Division.

2.                Notice of this application was issued to the respondents as well as learned Addl. P. G, report was called from trial Court. Respondent Allah Wadhayo is present in the Court. Respondent/accused Oshaque alias Ghulam Siddique is in custody and he has been served through Superintendent, Central Prison but his response is not received.

3.                Learned advocate for the applicant/complainant submitted that cousin of Mst. Waziran has been murdered. Six accused persons are absconding. Applicant/complainant is present and states that she will be murdered before her evidence at Shikarpur at the hands of absconding accused. Lastly learned advocate for the applicant submitted that case may be transferred to some other Court in Larkana Division.

4.                 Learned Addl. P. G has recorded no objection for transfer of the case for expeditious disposal of the case.

5.                 Mr. Tufail Ahmed Kumbhar, learned advocate for the respondent No.2 Allah Wadhayo, argued that ground for transfer of case is not cogent, Crl. Transfer Application is without merit and he opposed the transfer of case to some other District.

6.                I am inclined to allow the transfer application for the reasons that six accused persons are still absconders/fugitive from law. Respondent/accused Oshaque Ali alias Ghulam Siddique despite service has failed to file response to the transfer application. Learned Addl. P. G has recorded no objection. Furthermore, in the report of the trial Court it is clearly mentioned that after framing of the charge, case has been adjourned to three dates of hearings but the complainant party did not appear before the trial Court for recording evidence. Delay in recording of the evidence cannot be ignored by this Court as expeditious disposal of the case is right of both the parties.

7.                For the above stated reasons and circumstances of this case, instant Crl. Transfer Application is allowed. Case is withdrawn from the file of learned Ist. Additional Sessions Judge/MCTC, Shikarpur and it is made over to learned Sessions Judge, Larkana, for conducting the trial himself or to transfer it to Additional Sessions Judge/Model Criminal Trial Court Larkana, for expeditious disposal of the case, in accordance with the law. 

8.                Transfer Application is allowed in the above terms.

Judge