Case Details

Citation(s)
2014 SLG 975 2014 SLD 975 2014 YLR 2282
Sindh High Court
Criminal Transfer Application No. S-64 and M.A. No. 2724 of 2013, decision Dated: 14-04-2014. Hearing Date : 15-04-2014.
NAIMATULLAH PHULPOTO, JUSTICE
Naushad Ali Tagar for Applicant. Imtiaz Ali Jalbani, Assistant Prosecutor General for
Respondent. Faiz Muhammad Larik for the Complainant.

FAZAL MUHAMMAD DOMKI

VS

LUTUFULLAH AND ANOTHERS

Law: Criminal Procedure Code (V of 1898)

Section: 526

Law: Pakistan Penal Code, 1860

Section: 148,149,302,337-H(2)

Criminal Procedure Code (V of 1898)--- ----S. 526---Penal Code (XLV of 1860), Ss.302, 337-H(2), 148 & 149---Qatl-e-amd, rash or negligent act, rioting, common object---Application for transfer of case on the ground of lack of confidence in the trial Judge---Allegations made in the transfer application were vague and general in nature---Such type of allegations, could not be the ground of transfer---No specific date had been mentioned by the applicant/accused on which the Presiding Officer pressurized accused to compromise the matter with complainant---Justice required that Presiding Officer should equally be protected from frivolous transfer application in order to achieve transparent disposal of the case---Case being fixed for final arguments, could not be transferred as a matter of routine, or at the wish of any party, unless ground was fair and just---Self-procured mistrust, was no ground for transfer of the case---Transfer application being without merit, was dismissed, in circumstances. THIS ORDER PASSED BY: NAIMATULLAH PHULPOTO, JUSTICE:---.--- Through the instant transfer application, applicant/accused Fazal Muhammad Domki seeks transfer of Sessions Case No.320/ 2010, arising out Crime No.06/2010, registered at Police Station Amrote Sharif, under sections 302, 337-H(2), 148, 149, P.P.C., pending in the Court of learned 1st Additional Sessions Judge, Shikarpur. 2. Mr. Naushad Ali Tagar, learned advocate for the applicant/accused, mainly contended that learned trial Judge during the trial pressurized the accused to enter into compromise with the complainant party and expressed intention that in case of failure to arrive at compromise they would be convicted. It is further submitted that accused lack confidence in trial Judge. It is submitted that case may be transferred…
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