2022 PLP 1803 (MLD)

ALI BAIG, CJ.

The instant petition under section 24, C.P.C. has been filed by the petitioners for transfer of the following cases: (i) Civil Appeal titled "Ahliyan Mehdi Abad v. Ahliyan Katishu Dapa (ii) Application under Order XXXIX, Rule 1(2), C.P.C. (iii) Application under Order XXXIX, Rule 2(3), C.P.C. titled "Ahliyan Katishu Dapa v. Ahliyan Mehdi Abad" (iv) Application under Order XXXIX, Rule 2(3), C.P.C. titled "Ahliyan Mehdi Abad v. Ahliyan Katishu Dapa" (v) State v. Ahliyan Katishu Dapa; FIR No.01/21 (vi) State v. Ahliyan Mehdi Abad; FIR No.02/21 (vii) State v. Mehboob and others; FIR No.03/2021; from the Court of learned Addl. District and Sessions Judge, Kharmang to any other Court of competent jurisdiction at Skardu.

2. The learned counsel for the petitioners contended that the petitioners are residents of Katishu and have to proceed to Tolti Kharmang to appear in the Court of learned Addl. District and Sessions Judge Kharmang in the above cases by crossing the village Mehdi Abad. The learned counsel for the petitioners further contended that recently untoward incident between the residents of Katishu and Mehdi Abad was taken place and consequently many criminal cases have been registered by the parties against each other, which are subjudice before learned ADSJ Kharmang. The learned counsel for the petitioners further contended that the petitioners apprehend that they while crossing village Mehdi Abad the residents of Mehdi Abad may attack the petitioners and there is apprehension of another untoward incidents between the parties, therefore, by accepting this transfer petition the above mentioned cases may be transferred from the Court of learned ADSJ Kharmang to any other Court of competent jurisdiction at Skardu.

3. On the other hand, the learned counsel for the respondents controverted the arguments advanced by the learned counsel for the petitioners by contending that the petitioners have filed the instant transfer petition with mala fide intention and for the convenience of their attorneys who are residing at Skardu. The learned counsel for the respondents further contended that the petitioners have also to cross village Mehdi Abad while travelling to Skardu from their village and apprehension of petitioners is not reasonable and valid ground for transfer of the above cases from the Court of ADSJ Kharmang to any court of competent jurisdiction at Skardu.

4. I have heard the arguments advanced by the learned counsel for the parties and perused the available record.

5. Admittedly, while travelling to Skardu from Katishu village, the petitioners have also to cross the Mehdi Abad village and if there is apprehension of untoward incident on behalf of respondents, while travelling to Kharmang Tolti the same apprehension also exists while travelling to Skardu. Merely on the ground of apprehension of any untoward incident, cases cannot be transferred from District Kharmang to District Skardu.

6. It is settled principle of law that to consider a transfer application, the Court must be satisfied that there are reasonable grounds to suppose that applicants/petitioners will not receive fair and impartial trial and would not get justice from particular Court. Mere apprehension of any untoward incident the aforementioned cases cannot be transferred from District Kharmang to District Skardu.

7. In view of foregoing reasons, the instant petition being devoid of merit is not maintainable and is hereby dismissed. File SA/144/GB Petition dismissed.