MUHAMMAD ARAB Versus NOOR AHMED

ORDER

1. This is a transfer application filed by the applicant for transfer of the case arising our Crime No.90 of 2000 of Police Station Rukkan, pending in the Court of Civil Judge and First Class Magistrate, Dadu, to the Court of Judicial Magistrate Khairpur Nathan Shah on the ground that the parties are residing in Khairpur Nathan Shah Town.

2. The territorial jurisdiction of Rukkan Police Station is with the Civil Judge and First Class Magistrate, Dadu as stated by the counsel therefore, the case was challaned in the said Court. The learned advocate for the applicant has taken the same plea for the transfer of the case which he has taken in the application as mentioned above.

3. Learned advocate for respondents Nos.1 to 5 has stated that the application has been made to delay the proceedings as the charge has been framed but the complainant and his witnesses are not attending the Court. He has further stated that transfer application moved before the Sessions Judge, Dadu has also been dismissed. He has argued that the applicant has enmity with some persons who are residing at Khairpur Nathan Shah therefore it is not proper for the respondents to go to K.N. Shah and to expose them to their enemies.

4. Territorial jurisdiction of Rukkan Police Station is with Civil Judge and First Class Magistrate Dadu. The accused party strongly g oppose to the transfer of the case because of their enmity with same person at K.N. Shah. As such there is no justification for the transfer of the case from the said Court, therefore, the application is dismissed.

5. H.B.T./M‑157/K Application dismissed.