Case Details

Citation(s)
2016 SLG 2285 2016 SLD 2285 2016 YLR 1139
Sindh High Court
Criminal Transfer Application No. S-57 and Constitutional Petition No. S.2405 of 2015, heard on 07-09-2015.
SHAHNAWAZ TARIQ, JUSTICE
Nisar Ahmed Bhambhro for Applicants. Ghulam Shabbir Dayo along with
Respondent Rahib for
Respondent (in C.P. No.S-2405 of 2015).

ALI MOHAMMAD AND 7 others--ApplicantS

VS

. THE STATE AND another--RespondentS

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 526---Penal Code (XLV of 1860), Ss. 324, 504, 447, 337 H(2), 147, 148 & 149---Transfer of case---Grounds---Strong and cogent reasons---Applicant sought transfer of case from one court to another due to security risk---No legal embargo existed for transfer of any criminal case from one court to another if any genuine case or sound reasons were placed before the court; it was incumbent upon the court to examine such grounds for transfer as it was a routine of practice from litigants to move such applications with ulterior motive of delaying trial---Such applications based on flimsy grounds must be discouraged---Present application being based on ulterior motives, was dismissed. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:----------- By this common order, I will dispose of Criminal Transfer Application No.S-57 of 2015 filed by applicants Ali Muhammad and others and Constitution Petition No.S-2405 of 2015 filed by petitioner Rahib. 2. Through the captioned Cr. Transfer Application, applicants have prayed to withdraw Sessions Case No.564 of 2011 titled "The State v. Ali Muhammad and others" vide Crime No.93 of 2011 lodged at Police Station, Khanpur Mahar pending in the Court of learned IIIrd Additional Sessions Judge, Mirpur Mathelo and assign the same to any other competent Court at Ghotki for its disposal. While in C.P. No.S-2405 of 2015, petitioner Rahib has prayed to direct the respondents No.2 SSP Ghotki and respondent No.3 SHO Police Station Khanpur Mahar to ensure the legal protection to the petitioner, his family members, landed property and residential house from the clutches of respondents Nos.4 to 10 and their companions as envisaged under the Constitution of the Islamic Republic of Pakistan, 1973, and issue directions to the learned IIIrd Additional Sessions Judge, Mirpur Mathelo to conclude the trial of Sessions case No.564 of 2011 as soon as possible, as the respondents Nos.4 to 10 are intending to again transfer the said case by leveling false allegations in order to more linger on the matter. 3. Mr. Nisar Ahmed Bhambhro, learned counsel for the applicants contended that applicant No.4 Muhbat and…
πŸ”’
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492