ORDER
SHEET
IN THE HIGH COURT OF SINDH BENCH
AT SUKKUR
Cr. Transfer App. No. S – 112 of
2019
|
Date
of hearing |
Order with
signature of Judge |
1.
For
orders on office objection at Flag 'A'.
2.
For
hearing of main case
16.12.2019
Mr.
Munawar Alam Khan, Advocate
for applicant/complainant.
Mr.
Wajid Ali Abro, Advocate
for respondents Nos. 2 to 6.
Mr.
Zulifqar Ali Jatoi, Additional P.G.
.-.-.-.-.-.-.-.-.-.-
Through this transfer application
applicant / complainant seeks transfer of criminal case No. 98/2019 Re: state
vs. Asadullah and others, crime No. 06/2019 of Police
station Rohri under sections 337-A(i),
337-F(ii), 504, 337-L(2), 506/2, 452, 148, 149 PPC pending in the court of 1st
Civil Judge & Judicial Magistrate Rohri to any other court at Khairpur.
Notice of this application was
issued to the respondents as well as Additional P.G.
Learned advocate for applicant /
complainant submits that respondents / accused are dangerous and desperate criminals
and so many
F.I.Rs have been lodged against them. It is further submitted that applicant /
complainant apprehends danger to his life and prayed for transfer of the case
from Civil Judge & J.M Rohri to any court at Khairpur.
In support of his contentions, reliance is placed upon the cases of Amir Altas Khan and another v/s The State and 2 others (2002
SCMR 709) and Anas Khalil
v/s The State and another (2016 P Cr.L.J 1665).
Mr.
Wajid Ali Abro advocate for
respondents/accused Nos. 2 to 6 submits that charge has been framed on
12.09.2019. Complainant has failed to appear before trial Court for recording
his evidence. Lastly submitted that allegations against
accused are baseless.
Mr. Zulifqar
Ali Jatoi Additional P.G opposed the transfer application on the ground that
transfer application has been dismissed by learned Sessions Judge on account of
non-prosecution. Learned Additional P.G further submits that there is no ground
to transfer of case from Sukkur to Khairpur, at the
most police protection may be provided to complainant for recording his
evidence.
I
have carefully heard learned counsel for the parties and perused the comments.
Record reflects that
applicant/complainant moved transfer application No.63/2019 before learned
Sessions Judge, Sukkur but the same was dismissed vide order dated 17.10.2019
on account of non‑prosecution. In fact proper
course for the applicant/complainant was to approach the learned Sessions Judge
in the first instance but said legal remedy was not exhausted by him. Counsel
for the applicant submits that applicant/complainant has life threat and he is
unable to appear before learned Sessions Judge Sukkur. In the comments filed by
Civil Judge & Judicial Magistrate Rohri, it is mentioned that charge has
been framed. To ensure the safety and security of the witnesses is the duty of
the state. While dismissing the transfer application it is ordered that S.S.P Sukkur
shall provide protection to the complainant and P.Ws on the date of hearing
viz. 19.12.2019. Trial Court is also directed to record evidence of complainant
and other P.Ws on the said date without fail. Let the copy of order be sent to
S.S.P Sukkur by fax for strict compliance.
Transfer application is
dismissed in the above terms.
J U D G E
Irfan/PA