RAHIM BUX and 2 others vs MUHAMMAD MITHAL and another
This criminal transfer application was filed by the applicants seeking the transfer of Sessions Case No. 315 of 2008, arising from F.I.R. No. 175 of 2008 registered under section 324 and section 34 of the Pakistan Penal Code 1860, from the Court of the Additional Sessions Judge, Ratodero to any other court of competent jurisdiction at Larkana. The core legal question was whether the case should be transferred due to the prolonged vacancy of the presiding officer's position in the trial court. The applicant contended that the case had stalled for six months due to the vacancy. The respondent/complainant and the State counsel raised no objection to the proposed transfer. The High Court, noting the vacancy and the consent of the parties, held that the case should be withdrawn from the Court of the Additional Sessions Judge, Ratodero and transferred to the Court of the IInd Additional Sessions Judge, Larkana. The Court further directed the transferee court to conclude the proceedings within four months, emphasizing that parties should not seek adjournments without reasonable cause.
- Can a criminal case be transferred from a court that has been vacant for a significant period?
- Does the consent of the complainant and the State justify the transfer of a criminal case between courts of competent jurisdiction?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' KHADIM HUSSAIN M. SHAIKH, .J---Applicant through this application seeks transfer 'of Sessions Case No,315 of 2008 based on F.I.R. No, 175 of 2008 Ratodero for offences under section 324, 34, P.P.C. From the Court of learned Additional Sessions Judge, Ratodero to any other Court of competent jurisdiction at Larkana. Notice of this application was ordered to State and private respondent Muhammad Mithal, who is complainant in this case.
2. ' It is contended by the learned Advocate for the applicant the charge in this case has since been framed, but the case could not proceed as the Court is lying vacant since last 6 months. He, therefore, prays for transfer of the above Sessions Case from the Court of Additional Sessions Judge, Ratodero to Larkana. Mr. Ali Nawaz Ghanghro, Advocate files Vakalatnama for the respondent/complainant and raises no objection to the transfer of the case to any other Court of competent jurisdiction at Larkana and the learned State Counsel also concedes.
3. ' Since the Court of Additional Sessions Judge Ratodero is lying vacant and the case is fixed for hearing coupled with the fact that the complainant as well as the State has no objection, the above Sessions Case is withdrawn from the file of learned Court of Additional Sessions Judge, Ratodero and is transferred to the learned Court of IInd Additional Sessions Judge, Larkana with the directions to conclude the case within a period of four months from today. Both the parties shall not seek any adjournment without any reasonable cause. This application is disposed of in the above term.