Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 526---Transfer of criminal case by High Court--- Principles--- Presiding Officer---Equal protection---Scope---High Court observed that Presiding Officers were to be equally protected from frivolous transfer applications so that litigant was not in a position to overawe the Presiding Officer---While exercising to transfer cases from sub-ordinate Courts, balance had to be struck in order to ensure that cases were not transferred merely on the basis of suppositions, unfounded and conjectural apprehensions---Merely an adverse judicial order passed against a party would not solely be a sufficient ground for transfer of case as the aggrieved person had the remedy to challenge order before a higher forum---No substantial ground or material had been brought on record which might justify the transfer of case---Transfer Application was dismissed in limine. Sameer Ehsanullah Makhzan and 3 others v. Muhammad Asif Zaman and 3 others PLD 1993 Lah. 554 and Mian Muhammad Rafiq Saigol v. BCCI and others 1996 CLC 1390 rel. THIS ORDER PASSED BY: MUHAMMAD HUMAYON KHAN JUSTICE:---.--- This Criminal Transfer Application is filed for transfer of special case No. 24 of 2012 re: State-v. Muhammad Ismail Shaikh and others from the court of learned Judge, ATC Khairpur to any other competent court having jurisdiction. 2. The relevant facts of the case in nutshell for the disposal of this Crl. Transfer Application are that complainant SIP Ghulam Abbas Shar, SHO, Police Station Lakha Road lodged FIR on behalf of State bearing Crime No. 05 of 2012 at Police Station Sadiq Kalhoro-Khairpur on 22.02.2012 at 1500 hours against applicants and others, for offences under sections 302, 364, 324, 353, 404, 120-B and 109, P.P.C. in respect of an incident alleged to have taken place on 20.02.2012 at 1730 hours. After usual investigation the challan was submitted before the learned Judge, ATC, Khairpur, where the applicants and other accused are facing trial. Record reflects that after framing of charge, trial commenced and prosecution led evidence of all the prosecution witnesses. Now after recording of statements of accused, the case is fixed for…

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