ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD.

 

Cr. Trf. Appln. No.S- 103 of 2013

 

DATE                                     ORDER WITH SIGNATURE OF JUDGE

                         1. For Katcha Peshi

                         2. For hearing on M.A 6847/13

02.03.2015.

           

Mian Taj Muhammad Keerio advocate for applicant.

Mr. Ishrat Ali Lohar advocate for respondents No.2 and 3.

Syed Meeral Shah Bukhari, Deputy Prosecutor General.

                                                                        =

 

            This transfer application has been moved with the request that Sessions Case No. 134/2013 (State Versus Abdul Latif Jamali and others) arising from Crime No. 9/2012 lodged at P.S Phulji Village District Dadu may be transferred from the Court of 2nd Additional Sessions Judge Dadu to the Court of Sessions Judge Dadu or any other Additional Sessions Judge Dadu.

The main reason alleged in the transfer application is the rude behaviour of learned respondent No.1 which is creating apprehension in the mind of the applicant that he would not get fair trial which is a fundamental right under the constitution.

Respondent No.1 has filed comments refuting all the allegations. However, it is clearly submitted that he has no objection if the matter is withdrawn from him and transferred to any other competent court.

Since November 2014 the interim orders are operating and proceedings pending before the trial Court have been stopped by this  Court.

Learned counsel for the respondents No.2 and 3 as well as learned D.P.G. submits that the case may be transferred to the learned District and Sessions Judge Dadu for hearing the same.

This transfer application is disposed of along with listed application with direction to the learned Sessions Judge Dadu to try Sessions Case No. 134/2013 (State Versus Abdul Latif Jamali and others) arising from Crime No. 9/2012 lodged at P.S Phulji Village District Dadu and disposed of the same in accordance with law.

                                                                                                JUDGE

 

H.