O R D E R     S H E E T

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Crl. Tr. Application  No.119  of 2009

Date	Order with signature of the Judge

For Katcha Peshi.

30.12.2009.

Mr. Shahbaz Ali Khan Brohi, advocate for the applicant.

Mr. Muhammad Iqbal Mahar, advocate for respondents No.2 to 5.

Mr. Naimatullah Bhurgri, State counsel.

                                    --------------

            Through this application, applicant seeks transfer of case No.217/2009, re: State versus Ali Raza and others, of Police Station Ghouspur from district Kashmore at Kandhkot to any other Court.

            It is, inter alia, contended that since there is enmity between two communities i.e. Bhaya and Jakhrani and both the parties are at daggers drawn, therefore, apprehending his life in imminent danger at the hands of Jakhrani’s he does not feel safe and secure in taluka Kandhkot.

            Conversely, Mr. Muhammad Iqbal Mahar, advocate for the respondents No.2 to 5 has opposed this application on the ground that complainant is attending the trial  court regularly and in so many cases the people of Bhaya community are attending the Court at Kandhkot.

            Learned State counsel while opposing the transfer application adopted the arguments of Mr. Muhammad Iqbal Mahar, advocate for respondents.

            No doubt the complainant is attending the trial Court at Kandhkot but he apprehends his life in imminent danger not at the hands of respondents but by the people of Jakhrani community and in the above said enmity so many people have lost their lives at the hands of each other. Since the applicant did not level allegation against the respondents or trial Court but he simply come forward with a request that in order to safe his life the above case may be transferred.

            For the foregoing reasons I am of the considered view that in order to save the life of complainant at the hands of Jakhrani community it would be in the interest of justice to withdraw this case from Kandhkot. Resultantly, the case culminating from crime No.127/2009 of Police Station, Ghouspur is hereby withdrawn from the Court of Civil Judge & JM, Kandhkot and is sent to the Sessions Judge, Shikarpur with direction to entrust the same to any Magistrate to decide the same  according to law.  The trial Court shall conclude the case within three months and not grant adjournment to either party without any justification.

            Crl. Transfer application is allowed in the above terms.

                                                                                                            Judge