ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl.  Transfer Appln. No.S-43 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. Rasheeda Chandio, seeks transfer of Sessions Case re: State v. Irfan and others for offence under sections 302, 148, 149, & 337-H(2), PPC in Crime No.24/2019 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 Irfan is present in the Court. Progress report dated. 11.11.2020 is also received from the trial Court, in which it is mentioned that charge has been framed on 05.12.2019. Case has been adjourned to 07 different dates of hearings but complainant did not appear for recording the evidence.

3.                Learned advocate for the applicant/complainant submitted that in this case daughter and nephew of Mst. Rasheeda have been murdered and main accused have been declared as absconders. Accused Irfan has been granted bail. It is further submitted that applicant has danger to her life at the hands of absconding accused. Lastly 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 Irfan, 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 main accused are still absconders/fugitive from law and applicant has filed affidavit that she apprehends danger to her life at the hands of absconding accused. Applicant is present in the Court and submits that on the last night also absconding accused attacked upon her son. Furthermore, in the report of the trial Court it is clearly mentioned that after framing of the charge, case has been adjourned to seven 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