2005 PLP 1848 (YLR)

MUHAMMAD ROSHAN ESSANI, J.

By this application, the applicants/accused have sought transfer of Special Case No.965 of 1997 (The State v. Alam Khan and others) under sections 324/147/1481149/34, P.P.C. pending before the Court of learned Ist Additional Sessions Judge, Karachi-South. The case arose out of F.I.R. No.245 of 1996 of Police Station, Kalakot, Karachi (South). The brief facts of the case are that an F.I.R. under sections 324/147/148/149/34, P.P.C. was registered against the applicants/accused Alam, Saifullah, Ahmed alias Kako, Matiullah and Adam at Police Station, Kalakot on the report of one Bahadur Khan. After usual investigation the applicants/accused were sent up to stand trial before the Court. The grievance of the applicants/accused is that the Presiding Officer of the Court called them in the Chambers and pressed them to compromise with the complainant party else they would be convicted. It is further stated that on 15-6-2002 the case was fixed before the trial Court and it was adjourned to 1-7-2002. The applicants/accused Adam Khan after sometime went to Court in connection with some work when he saw complainant Bahadur Khan coming out of the Chambers of learned trial Judge. It is further stated that the complainant' party is claiming that the applicants/accused would be convicted by the trial Judge. Therefore, applicants/accused have lost faith in the Presiding Officer of the trial Court and case may be transferred to some other Court. The learned Presiding Officer of the trial Court has denied the allegations made against him in his comments. He has requested, that the present application for transfer of case may be dismissed. We have heard Mr. Fareed Ahmed Dayo learned counsel appearing on behalf of the applicants/accused, Mr. I.A. Hashmi learned counsel on behalf of the complainant and Mr. Habib Ahmed learned A.A.-G. on the behalf of the State. Both the latter learned counsel have opposed the prayer of the applicants/accused. So far as the allegations are concerned there is word against the word. Complainant has not refuted the allegations made against him by way of counter affidavit: Since there is apprehension in the mind of the applicants/accused that they would be treated even handedly and they would not get justice at the hands of the Presiding Officer therefore, keeping in view the dicta of the apex Court in case of Muhammad Nawaz v. Ghulam Kadir reported in PLD 1973 SC 327, we are of the considered view that the request of applicants/accused for transfer of case merits consideration. Resultantly, the case is withdrawn from the file of the learned Ist Additional Sessions Judge, Karachi (South) and the same is made over to the learned Sessions Judge, Karachi (South) for trial by himself or he may transfer it to some other Court. The criminal transfer application stands disposed of along with listed application. H.B.T./A-192/K Application accepted.