ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Tansfer Appln.No.S-74 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on M.A.No.5894/2021 (U/A)

02. For orders on office objection “A”.

03. For orders on M.A.No.5895/2021 (E/A).

04. For hearing of main case.

29.10.2021

                        Mr. Mazhar Ali Bhutto, Advocate for the applicant.

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1.                     Urgency Granted.

2 to 4.             The applicant/complainant by way of instant application has sought for transfer of his case from the Court of learned 2^nd Judicial Magistrate/MTMC, Larkana, to the Court of any other Magistrate, it was dismissed by learned Sessions Judge, Larkana, vide order dated 20.10.2021. After dismissal of his such transfer application, the applicant/complainant by way of filing instant application u/s.526 Cr.PC before this Court, has sought for transfer of his case to some other Magistrate for its disposal according to law.

                        It is contended by learned counsel for the applicant that the attitude of learned trial Magistrate is harsh with the applicant/complainant and he has examined unnecessary witness that too in absence of learned counsel for the applicant/complainant, therefore, the applicant/complainant is not expecting fair trial, which has required him to seek transfer of his case.

                        I have considered the above arguments and perused the record.

                        It is not made known by the applicant/complainant that in what fashion, the attitude of learned trial Magistrate has remained harsh with him. Every witness is necessary. It is not for the applicant/complainant to judge that the witness examined by learned trial Magistrate was necessary or not. It is for the applicant/complainant to cause attendance of his counsel before learned trial Magistrate timely, when the case is called for hearing and the Magistrate is not expected to wait for hours to come for want of applicant/complainant or his counsel. The object with the applicant/complainant for seeking transfer of his case is appearing to defeat the trial, which could not be permitted. Consequently, the instant criminal transfer application being misconceived is dismissed in limine.

  J U D G E