IN THE HIGH COURT OF SINDH AT KARACHI
Crl. Transfer Application No. 02 of
2024
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE |
For hearing of main case
16.12.2024
Mr.
Rameez Lalani advocate for applicant
Mr.
Muhammad Noonari DPG
-.-.-.-.-.-.-.
Through this transfer application,
applicant/complainant Muhammad Umer Karar seeks transfer of S.C.No. 1443/2023 (FIR No. 03/2021 of PS Mobina Town, Karachi) pending in the
Court of VII-Additional Sessions Judge, Karachi East to some other Court.
Notice was issued to the respondents
and comments were called from trial Judge.
Learned advocate for the
applicant/complainant contends that one year has been passed, but trial Court
has recorded only evidence of complainant and one prosecution witness; that
delay has been caused in the conclusion of the trial by the Trial Court. It is
further argued that on some occasions accused failed to appear before the trial
Court, but his bail bond was not forfeited by the trial Court. It is prayed
that may be transferred to some other Court for its’ expeditious disposal.
Learned DPG recorded no objection.
I have perused the comments filed by
learned Judge in which it is mentioned that case was fixed before trial Court
on 02.03.2024, on the said date, advocate for the complainant filed an
application for cancellation of bail and case was adjourned to 12.03.2024. On
the said date, advocate for the complainant moved an application for amendment
of charge and case was adjourned to 20.04.2024. In the comments, it is further
mentioned that on 15.05.2024, case was adjourned as Court work was suspended. I
have also perused the subsequent diaries, which clearly show that trial Court
has made efforts to conclude the trial.
There is no allegation against the
presiding officer, delay in conclusion of the trial has been explained, case cannot be transferred at the choice of any party.
Transfer Application is without merits and the same is dismissed. However,
trial Court is directed to decide the case within 03 months under intimation to
this Court.
JUDGE
Wasim
ps