ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO

3rd Cr. Transfer Appln. No. S-15 of 2025

 

Date	Orders with signature of Judge

 

1.             For orders on office objection.

2.             For hearing of main case.

3.             For hearing of M.A No. 1340/2025. (Appln. U/s 561-A Cr.P.C)

 

21-04-2025

Mr. Athar Abbas Solangi, advocate for the applicant

Mr. Safdar Ali Ghouri, advocate files vakalatnama on behalf of respondent No.2.

Mr. Aitbar Ali Bullo, D.P.G for the State 

.-.-.-.-.-.-.-.-.-.-.-.-.

Through this criminal transfer application, the injured/victim seeks transfer of the Sessions Case No. 281/2020 (State Vs. Abdul Hafeez @ Muhammad Hafeez & others) from the court of I-Additional Sessions Judge/MCTC Shikarpur to any other court having jurisdiction.

Per learned counsel, in the instant case, the complainant has passed away as such he is appearing on behalf of the victim/injured witnesses. On 08.03.2025, the application was moved by Mr. Athar Abbas Solangi, learned advocate ASC before the learned trial court that final judgment shall not be pronounced until he will file the transfer application before this court on the ground that in the presence of parties, he has used bad names against him so also against Mr. Qurban Ali Malano Advocate ASC. Per learned counsel, initially he has moved the transfer application before this court, same was withdrawn on the ground that the matter may be proceeded and decided within one month. During pendency of the case on 11.01.2025, the learned trial Judge called one of the accused, namely, Imtiaz Ali in open court and asked him in the presence of the parties, counsel and State counsel that he is pressurizing him through different agencies for getting undue favours. As such they had also requested learned Judge to withdraw from this case and make reference to this court. As such Mr. Azhar Ali Abbasi advocate appearing on behalf of the accused requested the trial court for reference for withdrawal of the case from the court of learned  I-Additional Sessions Judge, Shikarpur/MCTC. Learned counsel for the applicant submits that since Mr. Abdul Haq Mangiryo is hostile towards him and it is not possible for him with piece of mind to proceed with the case against him as he is appearing on behalf of the complainant. Lastly he has prayed that he has no objection if this case is withdrawn from the court of I-Additional Sessions Judge/MCTC Shikarpur and be assigned to learned District & Sessions Judge, Shikarpur or any other Additional Sessions Judge except I-Additional Sessions Judge/MCTC Shikarpur.

On the other hand, learned counsel appearing on behalf of the private respondents opposed for such transfer and states that in fact 2nd transfer application was withdrawn by the learned counsel for the applicant with directions to the learned trial court to decide the same preferably within one month. However on one or the other pretext the complainant is moving applications for adjournment, hence he has no interest to proceed with the matter and frequently he is moving the adjournment applications and same were not allowed by the learned Additional Sessions Judge. He has further contended that only two witnesses are to be examined as such no case for transfer is made out. He further submits that in fact by consent it was decided that matter will be decided within one month. Finally he has prayed that instant criminal transfer application may be dismissed.

On the other hand, learned D.P.G. has supported the arguments advanced by the learned counsel for the respondents.

Heard and perused.

Admittedly, article 10-A of the Constitution of Pakistan provides a fair opportunity of trial to the parties. In the instant case, the F.I.R was registered by the complainant and subsequently he has expired. Thereafter learned counsel was appearing on behalf of the injured/victims. Mr. Athar Abbas Solangi, advocate submits that infact he was not present in court on date of hearing and learned trial Judge has used bad names against him and against advocate Qurban Ali Malano and thereafter one advocate, namely Muhammad Ali Memon Ex. President District Bar Association also filed affidavits that he has used bad names in his presence. Since the counsel is of the view that the learned trial Judge is hostile towards him and it is not possible that he will conclude the case with peace of mind and will get the justice for the complainant/victim.

In view of above in order to give the fair chance to both the parties, the case bearing Sessions Case No. 281/2020 (State Vs. Abdul Hafeez @ Muhammad Hafeez & others) is transferred/withdrawn from the file of I-Additional Sessions Judge/MCTC Shikarpur and transferred to the court of Sessions Judge, Shikarpur with directions that either he will proceed with the case himself or assign the same to any other Additional Sessions Judge except I-Additional Sessions Judge/MCTC Shikarpur. At this juncture, learned counsel for the applicant/accused submits that only two witnesses are to be examined, however, the counsel for the complainant as well as complainant party is not interested to proceed with the matter.

In view of above the transferee court is also directed to proceed with the matter and in case the complainant party failed to produce both the witnesses on the next date of hearing, then proceed the case and only one chance may be provided and adjourn the case to another date and even then the complainant party failed to produce the witnesses, close the side and record statement U/S 342 Cr.P.C of the accused persons and after hearing the parties shall decide the case within 15 days.

Instant criminal transfer application stands disposed of as above along with listed application.

 

                                                                              Judge

Abdul Salam/P.A