2018 PLP 1711 (YLR)

KHADIM HUSSAIN M. SHAIKH, J.

Through this application, applicant Khalil-ur-Rehman patently seeks re-transfer of Sessions Case No. 108/2016 (Old No.145/ 2012) re-State v. Khalil-ur-Rehman @ Bholo and others culminated from FIR No. 256/2012, registered at Police Station Tando Allahyar and Sessions Case No.109 / 2016 (Old No.77 / 2013) re-State v. Sher Muhammad and others, culminated from Crime No. 258/2012, registered at Police Station Tando Allahyar, from the Court of IInd Additional Sessions Judge, Mirpurkhas to the Court of Additional Sessions Judge, Tando Allahyar, which were earlier transferred to the Court of IInd Additional Sessions Judge, Mirpurkhas from the Court of Additional Sessions Judge, Tando Allahyar vide an exhaustive order dated 09.05.2016, passed in Criminal Transfer Application No.S-70 of 2015, filed as Annexure-B/1, available at pages 33-38.

2. It is, inter alia, contended by the learned counsel for the applicant that both the parties are hailing from Tando Allahyar; and, the incident took place within the territorial jurisdiction of Court at Tando Allahyar. He, therefore, prays that the aforementioned Sessions Cases may be transferred to the Court of Additional Sessions Judge, Tando Allahyar.

3. Learned advocate for respondent No.2, placing on record objections, submits that the applicant Khalil-ur-Rehman and his co-accused in Sessions Case No.108 / 2016, by seeking adjournments time and again, has been unnecessarily delaying the proceedings of the aforesaid Sessions Cases before the trial Court at Mirpurkhas. He, therefore, prays that the application may be dismissed.

4. Learned Additional Prosecutor General Sindh adopting the arguments of the learned counsel for the respondent No.2, submits that this application is meritless, which may be dismissed.

5. From the perusal of the record, it would be seen that earlier aforementioned Sessions Cases were withdrawn from the Court of Additional Sessions Judge, Tando Allahyar and were transferred to the Court of IInd Additional Sessions Judge, Mirpurkhas after considering the arguments advanced by the learned counsel for the parties and the learned A.P.G. Sindh vide an exhaustive order dated 09.05.2016, including the contentions, having been raised now by the learned counsel for the applicant and admittedly that order has not been called in question by the applicant; no progress in the cases before the transferee trial Court at Mirpurkhas has been made so far due to delay caused by both the parties by seeking adjournments on one or the other pretext, as is reflected from the comments, having been furnished by the IInd Additional Sessions Judge, Mirpurkhas; and, thus, the applicant party itself also is instrumental in delay of the trial of the aforementioned cases before the trial Court at Mirpurkhas and instead of proceedings with the cases before the trial Court, the applicant has moved this application. Under these circumstances, I am of the considered view that no case for re-transfer of the aforementioned cases from the Court of IInd Additional Sessions Judge, Mirpurkhas to the court of Additional Sessions Judge, Tando Allahyar has been made out and the applicant by filing the instant application has made an attempt to hamper the proceedings of the aforesaid cases. Accordingly, the application in hand, being devoid of merits, is dismissed. JK/K-22/Sindh Application dismissed.