2013 P Cr (PLP)

AQEEL AHMED ABBASI, J.

Since parties in both these criminal transfer applications are the same whereas the applicant seeks transfer of Sessions Case No. 295 of 2010 and 514 of 2011 arising out of the same incident, therefore, at joint request of both the parties these criminal transfer applications are taken up for final hearing and are being disposed of through this common order. The applicant/complainant seeks transfer of aforesaid Sessions Cases pending in the Court of 1st Additional Sessions Judge Dadu to any other District i.e. Hyderabad, Tando Allahyar, Umerkot or at Mirpurkhas on the ground that the accused persons who are police officials are issuing threats to the applicant. Notices were issued pursuant to which all the accused persons have shown appearance and stated that they have neither issued any threats to the applicant nor will cause any harassment to the applicant in future also. They have further stated that transfer of the cases to other District, from Dadu will cause them serious inconvenience and hardships and will adversely affect their financial position whereas their duties will also be suffered. They have further stated that the applicant/complainant has not even recorded his statement in Court so far, and has sought number of adjournments on each date of hearing. It has been prayed that transfer application may be dismissed. Learned A.P.-G. also opposed criminal transfer applications as according to him no reasonable ground has been mentioned for seeking transfer of the cases from one Court to another district. It has been further stated that the applicant may be directed to appear before the learned trial Court and get his statement recorded whereas, if the applicant requires any protection the same will be provided to him if such request is made before the learned trial Court or the concerned SSP. I have heard learned counsel for the applicant and the respondents and also perused the record. It appears that no reasonable ground has been mentioned in the transfer application except alleged harassment whereas, the matter is pending since 2010 and the applicant has not even got his statement recorded so far. No complaint about alleged harassment has been filed before the police or the trial Court. From the parawise comments furnished by Incharge III-Additional Sessions Judge Dadu, it appears that the learned trial Court is lying vacant. Accordingly learned District and Sessions Judge Dadu is directed to assign this case to some other Additional Sessions Judge at Dadu, who shall record the evidence of the prosecution and dispose of the instant matter expeditiously preferably within a period of three months from the date of receipt of this order. The applicant is also directed to attend the case on the next date and to get his statement recorded. It is however, clarified that if the applicant requires any protection, the concerned SSP is directed to entertain such request whereas the applicant is also at liberty to seek such protection from the learned trial Court who shall pass appropriate orders in accordance with law. These criminal transfer applications stand disposed of in the above terms. MWA/M-80/K Order accordingly.