Mst. Rasheeda Chandio vs The State & others
The applicant, Mst. Rasheeda Chandio, filed a Criminal Transfer Application seeking the transfer of a Sessions Case pending before the Ist Additional Sessions Judge/MCTC, Shikarpur, to another court within the Larkana Division. The applicant alleged that she faced threats to her life from absconding accused persons involved in the murder of her daughter and nephew. The trial court's report indicated that despite the framing of charges, the complainant party had failed to appear for the recording of evidence on seven separate hearing dates. The respondent opposed the transfer, arguing the grounds were insufficient. The Court, however, allowed the application, noting the applicant's apprehension of danger from the absconding accused and the necessity of ensuring the expeditious disposal of the case, which is a right of both parties. Consequently, the case was withdrawn from the Shikarpur court and transferred to the Sessions Judge, Larkana, with the discretion to either conduct the trial personally or assign it to an Additional Sessions Judge/Model Criminal Trial Court in Larkana.
- Can a criminal case be transferred to another district if the complainant apprehends danger from absconding accused persons?
- Is the failure of the complainant to appear for evidence recording a relevant factor in deciding a transfer application?
- Does the right to expeditious disposal of a case justify the transfer of a trial from one district to another?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-H(2), Pakistan Penal Code 1860
ORDER
Through this Crl. Transfer Application, applicant/complainant Mst. Rasheeda Chandio, seeks transfer of Sessions Case re: State v. Irfan and others for offence under sections 302, 148, 149, & 337-H(2), PPC in Crime No.24/2019 of Police Station Dakhan, District Shikarpur , Presently pending before the learned Ist. Additional Sessions Judge/MCTC, Shikarpur , to any other Court of Larkana Division.
2. Notice of this application was issued to the respondents as well as learned Addl. P. G, report was called from trial Court. Respondent Irfan is present in the Court. Progress report dated. 11.11.2020 is also received from the trial Court, in which it is mentioned that charge has been framed on 05.12.2019. Case has been adjourned to 07 different dates of hearings but complainant did not appear for recording the evidence.
3. Learned advocate for the applicant/c omplainant submitted that in this case daughter and nephew of Mst.
Rasheeda have been murdered and main accused have been declared as absconders. Accused Irfan has been granted bail. It is further submitted that applicant has danger to her life at the hands of absconding accused. Lastly submitted that case may be transferred to some other Court in Larkana Division.
4. Learned Addl. P . G has recorded no objection for transfer of the case for expeditious disposal of the case.
5. Mr. Tufail Ahmed Kumbhar , learned advocate for the respondent No.2 Irfan, argued that ground for transfer of case is not cogent, Crl. Transfer Application is without merit and he opposed the transfer of case to some other District.
6. I am inclined to allow the transfer application for the reasons that main accused are still absconders/fugitive from law and applicant has filed affidavit that she apprehends danger to her life at the hands of absconding accused.
Applicant is present in the Court and submits that on the last night also absconding accused attacked upon her son. Furthermore, in the report of the trial Court it is clearly mentioned that after framing of the charge, case has been adjourned to seven dates of hearings but the complainant party did not appear before the trial Court for recording evidence. Delay in recording of the evidence cannot be ignored by this Court as expeditious disposal of the case is right of both the parties.
7. For the above stated reasons and circumstances of this case, instant Crl. Transfer Application is allowed. Case is withdrawn from the file of learned Ist. Additional Sessions Judge/MCTC, Shikarpur and it is made over to learned Sessions Judge, Larkana, for conducting the trial himself or to transfer it to Additional Sessions Judge/Model Criminal Trial Court Larkana, for expeditious disposal of the case, in accordance with the law .
8. Transfer Application is allowed in the above terms.