1. ' SYED ZAWWAR HUSSAIN JAFFRY, J.---Through this application the applicant/accused seeks transfer of Criminal Case No,85 of 2005 under section 380, P.P.C. Registered at Police Station Warrah from the file of learned 2nd Civil Judge and Judicial Magistrate, Warrah to any other Court having jurisdiction in Larkana City.
2. ' Brief facts as disclosed in the F.I.R. Are that on 15-9-2005 complainant Mazhar Ali lodged his F.I.R.
3. Under section 380, P.P.C. Against the applicant and other co-accused. After investigation charge sheet has been filed against the applicant whereas co-accused have been shown as absconding accused, the Court of learned 2nd Civil Judge and Judicial Magistrate, Warrah.
4. ' Mr. Jai Jai Veshnu, learned counsel for the applicant has contended that the applicant has matrimonial dispute with the complainant party and there is imminent apprehension of life while attending the Court of Warrah therefore, the said case be transferred by recalling it to the Court having jurisdiction at Larkana City.
5. ' Mr. Sarfraz Khan Jatoi, Advocate for the respondent No,1 and Mushtaque Ahmed Kourejo, learned State counsel have no objection if the Criminal Case arising out of Crime No,85 of 2005 of Police Station Warrah re. State v. Asad alias Asadullah and others is recalled from the said Court and transferred to any other Court having jurisdiction.
6. ' In view of candid statement of learned counsel for the respective parties, Criminal Case arising out of No,85 of 2005 Re. State v. Asad alias Asadullah and others is recalled from the Court of 2nd Civil Judge and Judicial Magistrate Warrah and stands transferred to the Court of 1st Civil Judge and Judicial Magistrate Larkana.
7. ' Criminal Transfer Application No,94 of 2006, stand allowed.