IN THE HIGH COURT OF SINDH, CIRCUIT COURT

LARKANA  

Crl. Transfer Appln. No. S- 22 of 2023.

Applicant:                             Nizamuddin Sundrani, through M/S Ali Akram Balouch and Ali Murad Malano, Advocates.

Respondents:                                    The State and others.

Date of hearing:                    31.05.2023.

Date of order:                      31.05.2023.

ORDER

Zulfiqar Ali Sangi, J-.       Through captioned application, applicant Nizamuddin Sundrani (complainant) seeks transfer of Sessions case No.198/2023 emanating from F.I.R No.14/2022 of P.S Karan Sharif from Court of learned Additional Sessions Judge-V/ Model Criminal Trial Court Shikarpur, on the ground that some of the staff members of trial Court belong to same community of the accused persons, as such the applicant/ complainant has lost faith of getting fair decision of the case. No any other ground has been agitated.

            The applicant/ complainant has shown his apprehension of not getting justice and losing his confidence of getting fair trial/ decision of his case on the ground that some of staff members of trial Court is of same caste/ community of accused persons. The ground taken by applicant/ complainant for transfer of the case has no substance at all, because case is to be decided by the trial Judge and not by any of his staff member and the Judge is always expected to decide the case on its merits on the basis of law and the facts, without any favor or fear. Even otherwise there is no allegation of any kind against trial Judge. However, self-procured mistrust, suspicion and apprehension of applicant/ complainant is no ground for transfer of case. It is settled law, that cases cannot be transferred as a matter of routine at the wish of any of the parties without any solid ground.

            Accordingly, in view of foregoing the instant transfer application being devoid of merits stands dismissed in limine.

                                                              Judge

Ansari