Present

Mr.Justice Bhajandas Tejwani &

Mr.Justice Muhammad Ali Mazhar.

Cr.Transfer No.D-74 of 2009

For Katcha Peshi

23.11.2010.

Mr.Hadi Bux Bhatt for the applicant.

Mr.Syed Jaffar Ali Shah for respondents 3 & 4.

Mr.Zulfiqar Ali Jatoi, Deputy Prosecutor General.

O R D E R

BHAJANDAS TEJWANI, J. This is an application for transfer of special case No.83/2009 from the court of learned Judge, Anti-Terrorism Court, Khairpur, to any other court on the ground that the conduct and attitude of the learned Judge is biased and favourable to the accused party.

Learned counsel for the applicant in support of his application has contended that the learned Judge has exempted one of the accused from appearance while four persons have been acquitted under Section 265-K, Cr.P.C; therefore, there is no hope from learned Judge for fair trial and justice in the matter.

Learned counsel for the respondents in reply to the above arguments has stated that respondents No.5 to 7 were acquitted by the learned Judge under Section 265-K, Cr.P.C on the ground that there was no evidence to connect them with crime and their names do not transpire in the F.I.R nor they have been involved by any of the witnesses, therefore, the learned Judge has rightly exercised the discretion vested in him. He further submitted that appeal against the said acquittal has been preferred by the complainant before this Court which is subjudice. He lastly submitted that even the charge has not been framed and the complainant has never appeared before the trial Court then how he apprehends that he will not get fair trial or justice.

Mr.Zulfiqar Ali Jatoi, learned Deputy Prosecutor General appearing for the State has supported the arguments of learned counsel for the respondent/accused.

The admitted position is that charge in the matter has not been framed and the trial has not commenced, therefore, at this stage it cannot be said that attitude and conduct of the learned Judge is partial or biased. The acquittal of four accused persons under Section 265-K, Cr.P.C is subject to challenge before this Court and such appeal is pending. In case the applicant, during the trial of the case, feels that the conduct of learned Judge is partial then he is at liberty to move application for transfer of the matter which will be disposed of on its merits.

In view of above position, the application being without any substance is hereby dismissed in limine.

JUDGE

                          JUDGE

N.M.