SAIFULLAH Versus PIRAL

ORDER

1. ABDUL MAALIK GADDI, J.--- The present transfer application has been filed by the applicant for transfer of Sessions Case No.274/2015/Crl. Complaint No.09/2015 under sections 3 and 4 of Illegal Dispossession Act, 2005 (re: Saifullah v. Piral and others), pending in the Court of Additional Sessions Judge, Shahdadkot, to any other Court at Hyderabad or any District in Karachi.

2. Facts necessary for the disposal of this transfer application are that the applicant had filed a complaint under sections 3 and 4 of Illegal Dispossession Act, 2005, against the respondents before the Court of learned Sessions Judge, Kamber, who entrusted the matter to Additional Sessions Judge, Shahdadkot, to dispose of the case in accordance with the law. In the complaint, it is alleged that in the year 2007, the applicant along with his father and other family members left for Hyderabad and started residing there and agricultural land bearing S.No.163/2, 163/3 to the extent of his share (1.34) acres situated in Deh Allah Abad, Taluka Miro Khan, was given to respondent No.1, for looking after but since the year, 2014, the respondent No.1, stopped to give the "Battai" share to the applicant to the extent of his share and respondent No.1, has forcibly occupied the land of the applicant.

3. Learned counsel for the applicant contended that since the applicant and his witnesses have serious life threats at the hands of respondent No.1, therefore, the applicant and his witnesses are unable to proceed with the trial of the case, therefore, said case may be transferred from the Court of Additional Sessions Judge, Shahdadkot to any other Court at Hyderabad, Karachi or at Larkana. During course of arguments, learned counsel for the applicant has reiterated the same facts and grounds which he has taken in the transfer application.

4. I have heard learned counsel for the applicant and perused the record.

5. From the perusal of the contents of the application, it nowhere reflects that as to on what date or time the applicant was being threatened by the respondent No.1 and as to whether the applicant has either approached the local police or has reported the incident to the concerned Court. The entire allegations contained in the application are general in nature. I am afraid that for seeking transfer of a case under section 526, Cr.P.C. such conduct of the applicant cannot be accepted, as otherwise it would defeat the smooth functioning of the Courts and every now and then, people would come to this Court for seeking transfer of their cases on such type of bald allegations. It is an admitted position that the property in question is situated within territorial jurisdiction of Police Station Shahdadkot and the applicant is residing at Hyderabad and he has a life threat is no ground for transfer of the case. The thrust of the argument of the learned counsel for the applicant was to the effect that the applicant has serious apprehension of being killed or kidnapped by the respondent No.1, but instead of seeking help from the local police and/or trial Court, the applicant has chosen to file transfer application without any valid, firm and or justifiable reasons. Such conduct of the applicant does not warrant any interference by this Court. I am also fortified with the case of Mir Muhammad Anwer and 4 others v. The State and another reported as 2012 PCr.LJ 1314. In the cited case, it has been observed as under:

6. "Apprehension of danger to life ---Simply on apprehension of the applicants for danger to their lives, a murder case could not be transferred.

7. In another case of Abdul Raoof v. Azizullah and 9 others, reported as 2011 PCr.LJ 1637, it has been observed as under:

8. "Transfer of case, refusal of--- Case was sought to be transferred from the Sessions Court on the grounds that murder threats had been extended by the accused party to the complainant and that accused were not allowing the prosecution witnesses to enter their native village and visit the grave of their deceased brother---Said grounds were general in nature and no details thereof had been given---No allegation or grievance of any sort had been made against the Trial Court---No ground for transfer of the case, in circumstances, was made out---Petition was dismissed accordingly."

9. From the perusal of contents of transfer application, it appears that the applicant has filed this transfer application mainly on the basis of surmises and conjectures. Nothing is on record that before filing of this application, the applicant had ever approached to the high officials of the police or to the trial Court for providing protection. During the course of the arguments, when learned counsel for the applicant was confronted whether he had approached to the trial Court or high officials of police for redressal of his grievance but he has negated the same. In view of the above, instant transfer application is dismissed in limine along with listed application.

10. However, as and when the applicant feels that there is any danger to him or his witnesses and they are under threat by the respondent No.1, the applicant shall approach the local police including SHO concerned and SSP Kamber Shahdadkot, who shall provide adequate and necessary protection to the applicant in accordance with law.

11. MH/S-27/Sindh Application dismissed.