ORDER SHEET

IN THE HIGH COURT OF SINDH, HYDERABAD CIRCUIT.

Cr. Transfer Appln No.S-69/2007.

 

Date.         Order with signature of Judge

 

 

1.FOR ORDERS ON M.A. 2200/2007.

2.FOR ORDERS ON M.A. 2201/2007.

3.FOR ORDERS ON M.A. 2208/2007.

4.FOR HEARING.

 

14.07.2008.

 

Mr. Aijaz Ahmed Shaikh, Advocate for the applicant.

 

Mr. Anwar H. Ansari, State counsel.

 

Respondents No.1, 2 and 3 are present in person.

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1.     Dismissed as served its purpose.

2&3.   Granted subject to all just exceptions.

4.     By this application, the applicant has prayed for transfer of Sessions Case No.663 of 2000, arising out of Crime No.51 of 2000 from the Court of learned VIIth Additional Sessions Judge, Hyderabad to any other Court for disposal in accordance with law. The learned counsel for the applicant submits that during the trial, the learned trial court has pressurized the applicant to settle the matter with the respondent outside the Court. He then submits that the learned trial court has also granted bail to the accused persons without properly appreciating the material available on record and for these reasons the applicant has lost faith upon the learned Presiding Officer and has no hope of justice from that Court.

       The learned State counsel has no objection for the transfer of this case.

       The respondents present in person state that they have been falsely implicated on the basis of the monitory influence of the applicant. They request that justice may be provided to them.

       Although the grounds which has been urged before me for transfer of the case are not so impressing. However, once a party states that he lost faith on the Presiding Officer, no purpose will be served by compelling him to proceed with his matter before that Officer.

       In view of the above, I direct the learned Sessions Judge, Hyderabad to transfer the above Sessions Case from the file of VII-Additional District Judge Hyderabad to some other Additional District Judge, Hyderabad, for disposal in accordance with law within four (4) months.

       The applicant as well as the respondents are directed to appear before the learned Sessions Judge Hyderabad on 4.8.2008 on which date the matter is also fixed before the trial court.

 

 

 

                                                JUDGE