GHULAM SHABIR and 2 others vs NAWAB SHAH and another

ORDER

1. ' This criminal transfer application under section 526, Cr.P.C. Being filed by applicants, who are accused in Crime No,15 of 1998 registered with Police Station Buxapur under sections 302, 34, P.P.C.

2. And Sessions Case being 28 of 2000 is pending trial before 1st Additional Sessions Judge, Jacobabad. Although the respondent No,1 has not been served and Mr. Solangi, Advocate for Additional Advocate-General is in attendance on behalf of the State.

3. ' The main contention of Mr. Bijarani, Advocate for applicants is that the accused who are applicants in Sessions Case No,28 of 2000 were attacked by complainant party at Thul on their way to Court at Jacobabad and he has further contended that there is every possibility of being killed the applicants at the hands of the complainant party. In support of his application, he has only filed an affidavit of one of the applicants Ghulam Shabir and no other applicants have filed their affidavits and non-filing of affidavits on behalf of Arbelo and Haji Qambeer who are applicants in the matter weakens the contention of Mr. Bijarani with regard to the transfer of Sessions Case No,28 of 2000. Mr. Bijaranai, Advocate made faint attempt to pursuade me for transfer of Sessions Case on flimsy grounds particularly when the other applicants have not filed their affidavits and no date and time has been mentioned in the affidavit of Ghulam Shabir who is one of the applicants when and where on each date he and other applicants were attacked by complainant and I also see a violation of section 526(6), Cr.P.C. And I am being fortified by a case Ghulam Mustafa alias Khawand Bux v. Pinyal and others reported in 2000 PCr.LJ 143, wherein this Court has held that mandatory provisions of section 526(6), Cr.P.C. Of giving notice in writing of filing of such application to get her with copies of the grounds at least 24 hours prior to the hearing of the application, had not been complied with by the accused who is applicant in the case and transfer application was dismissed being frivolous and vexatious with the direction to the applicant to pay Rs,400 as compensation to the respondents. In the instant case, no such compliance has been made by the applicants who are accused in Sessions Case No,28 of 2000 and on the face of it the application is frivolous, vexatious and misconceived and is accordingly dismissed and the applicants are directed to pay Rs,500 as compensation to the respondent Nawab Shah who is not available. In the event of failure, the office is directed to place the matter before this Court. The applicants are directed to deposit Rs,500 before Additional Registrar of this Court who is directed to hand over the same to the respondent No,1, if he is not available, the same can be utilized for the betterment of the Bar.