O R D E R S H E E T
IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA
Crl.Transfer Application No.S-66 of 2011
Date |
Order with signature of the Judge |
For Katcha Peshi
09.12.2011
Mr. Muhammad Ismail Chandio, advocate for the applicant.
Mr. Azhar Hussain Abassi, advocate for the respondent.
Mr. Ali Raza Pathan, State counsel.
-----------
Through this transfer application applicant seeks transfer of sessions case culminating from crime No.16/2011 of Police Station, Mian Jo Goth. Mr.Muhammad Ismail Chandio, advocate for the applicant has contended that applicant as well as other P.Ws belong to Larkana and they apprehend their lives in imminent danger at the hands of accused in case they appear before the trial Court at Shikarpur. He further contended that earlier applicant had submitted application to SSP Shikarpur for same purpose and another application dated 03.6.2011 before the concerned Magistrate. (Both applications are available at page 23 & 25). In support of his contention he has relied upon case of Amir Altas Khan and another v. The State and 2 others reported in 2002 SCMR 709.
Conversely Mr. Ali Raza Pathan, learned State counsel opposed the application on the ground that same has been filed without any justification.
Mr. Azhar Hussain Abbasi, learned counsel for the respondents also adopted the arguments of State counsel and further contended that the transfer application has been filed without any substance.
Heard learned counsel and perused the record. Application dated 01.6.2011 reveals that same was submitted before SP Investigation who had no nexus or powers to make any order with regard to the transfer of the case from the Court of law. Second application which is available at page No.25 also reflects that same was moved even before the submission of challan. Admittedly challan was submitted on 06.6.2011 whereas application was moved on 03.6.2011. Even in the memo of transfer application and both the applications mentioned above no date, time and place of the alleged threats at the hands of accused have been given. In other words, same applications are bald and without any substance.
For the foregoing reasons I do not find any merit in the instant transfer application which is accordingly dismissed. However, Further SSP Shikarpur is directed to provide protection to the complainant as and when he appears before the trial Court and shall ensure that no harm is caused to the complainant or any of the prosecuting witnesses.
Criminal transfer application stands disposed of in the above terms.
Judge