Case Details

Citation(s)
2018 SLG 1792 2018 SLD 1792 2018 YLR 1711
Sindh High Court
Criminal Transfer Application No. S-126 of 2016, decided on 14-07-2017.
KHADIM HUSSAIN M. SHAIKH, JUSTICE
Muhammad Akhtar Bhatti for Applicant. Muhammad Yousuf Leghari for
Respondent No.2. Syed Meeral Shah Bukhari, Additional P.G., Sindh for the State.

KHALILUR REHMAN

VS

2ND ADDITIONAL SESSIONS JUDGE, MIRPURKHAS AND 6 OTHERS

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 526---Transfer of case---Transfer of sessions cases were sought from place "M" to place "T" on the ground that both the parties hailed from place "T" and the incident took place within the territorial jurisdiction of court at place "T"---Validity---Record transpired that earlier the sessions cases were withdrawn from the court at place "T" and were transferred to the court at place "M"---Admittedly, said orders had not been called in question by the applicant---No progress in the cases before the transferee Trial Court at place "M" had been made due to delay caused by both the parties by seeking adjournments on one pretext or the other---Record reflected that applicant party was instrumental in delay of the trial before the court at place "M"---Circumstances established that no case for re-transfer of the cases from the court at place "M" to the court at place "T" had been made out and the applicant by filing the present application had made an attempt to hamper the proceedings of the cases---Application for re-transfer of cases was dismissed in circumstances. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, J.--- Through this application, applicant Khalil-ur-Rehman patently seeks re-transfer of Sessions Case No. 108/2016 (Old No.145/ 2012) re-State v. Khalil-ur-Rehman @ Bholo and others culminated from FIR No. 256/2012, registered at Police Station Tando Allahyar and Sessions Case No.109 / 2016 (Old No.77 / 2013) re-State v. Sher Muhammad and others, culminated from Crime No. 258/2012, registered at Police Station Tando Allahyar, from the Court of IInd Additional Sessions Judge, Mirpurkhas to the Court of Additional Sessions Judge, Tando Allahyar, which were earlier transferred to the Court of IInd Additional Sessions Judge, Mirpurkhas from the Court of Additional Sessions Judge, Tando Allahyar vide an exhaustive order dated 09.05.2016, passed in Criminal Transfer Application No.S-70 of 2015, filed as Annexure-B/1, available at pages 33-38. 2. It is, inter alia, contended by the learned counsel for the applicant that both the parties are hailing from Tando Allahyar; and, the incident took place within the…
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