Pakistan Case Lawโ† Search
2010 YLR 641

SHAH MURAD BROHI vs BASHIR AHMED and 2 others

Citation2010 YLR 641
CourtSindh High Court
Case No.Criminal Transfer Application No,45 of 2009
Date2009-07-20
Judge(s)Khadim Hussain M. Shaikh
ResultApplication allowed

ORDER

1. ' KHADIM HUSSAIN M. SHAIKH, J.---Through this application complainant/ applicant Shah Murad Brohi seeks transfer of the sessions Case No,229/of 2003 re: Bashir Ahmed and others v. The State based on Crime No,32/2003 of Police Station Hyderi, for offences under sections 302, 34, P.P.C. From the file of Court of Vth Additional Sessions Judge, Larkana to any other Court having jurisdiction only on the ground that the A Court is lying vacant since last one year. . The learned State Counsel raises no objection. The respondent No,3 also rises no objection.

2. ' I have heard counsel for the applicant, the State Counsel and the respondent No,3 in person and have gone through the material placed before the Court in connected Cr1. Miscellaneous Application No,7 of 2009 re: Shah Murad v. The State, which has been decided by this Court today. I find that amended charge was framed on 24-2-2005 and thereafter only two prosecution witnesses namely Tapedar and complainant Shah Murad were examined on 12-2-2006 and 16-6- 2006 respectively. Thereafter, there is no progress of the trial. Accordingly, the above Sessions Case is hereby withdrawn from the file the Court of Vth Additional Sessions Judge, Larkana and is made over to the learned Court of IInd Additional Sessions Judge, Larkana. This is an old case pertaining to the year 2003 and it needs to be disposed of expeditiously in view of the National judicial policy.

3. The learned Court of Had Additional Sessions Judge, Larkana is directed to examine all the remaining prosecution witnesses as early as possible and to conclude the trial expeditiously by procuring the attendance of the said prosecution witnesses even through coercive process, if needed. Learned advocate for complainant undertakes to produce all the prosecution witnesses under the control of complainant on the next date of hearing. With the above observation, this application is allowed.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch