IJAZ AHMAD CHAUDHRY, J. Through this petition under section 526, Cr.P.C. The petitioner seeks transfer of an application for restoration of case titled "Shahzia Noureen Joya v. Haq Nawaz and others" filed under sections 3 and 7 of Illegal Dispossession Act, on the ground that the petitioner has lost trust and does not expect justice from the learned trial Court.
2. Learned counsel for the petitioner submits that the said application was withdrawn on 26-3- 2009 by the petitioner and subsequently application has been moved by the respondents for the restoration of the possession to them while the petitioner has also moved an application for setting aside of the order, dated 26-3-2009 and restoration of the application filed by the petitioner which matters are pending before Mr. Sana Ullah Niazi, learned Additional Sessions Judge, Khushab;. That the petitioner apprehends foul-play due to the earlier conduct of the Judicial Officer which can be seen from the order dated 14-3-2009 hence this application may be accepted and the said application be transferred to any other Court.
3. Learned counsel for the respondents on the other hand opposes this petition on the ground that the respondents are owners of the property and have wrongly been dispossessed; that the petitioner has filed this application in order to prolong the proceedings as she is in possession of the property; that no illegality has been committed by the learned Judicial Officer and this application is liable to be dismissed, but anyhow he stated that the respondents have no objection if the case is transferred.
4. I have heard the learned counsel for the parties and also perused the record. Through order dated 14-3-2009 the learned Additional Sessions Judge, Khushab observed that the case was still at preliminary stage for cursory evidence of the complainant and the respondents/ accused were not yet summoned and cognizance was yet to be taken hence the respondents/accused were not accused in the true sense as they had not yet been summoned. The said s order seems to have been passed by the learned Additional Sessions without the perusal of the previous order-sheet as the previous order-sheet shows that the application under the Illegal Dispossession Act was filed on 17-11-2008 in the Court of learned Additional Sessions Judge and statement of Shazia Noureen petitioner was recorded on 18-11-2009. On the said date direction was also issued to the police officials/S.H.O. To submit the detail factual report and the case was adjourned for 22-11-2008. On the said date respondents appeared through their counsel of their own without issuance of notice and they appeared in the Court as accused, who made request for a short adjournment and then the case was adjourned to 29-11-2008. Then they filed an application under section 265-K, Cr.P.C.
Which was dismissed through order dated 29-11-2008. In such circumstances the learned Additional Sessions Judge seems to have passed the said order without perusal of the previous order sheet and it cannot be said that he was biased or has personal interest in the case in favour of the respondents. On the other hand the petitioner was handed over the possession during the pendency of that application and she has withdrawn the application while appearing in the Court along with her counsel on 26-3-2009. Now the matter is pending before the learned Additional Sessions Judge for the restoration/ return of the possession by the respondents and the application has been filed by the petitioner for the restoration of the as withdrawn on 26-3-2009.
The application for transfer of case from one Court to another can only be accepted if there are some valid reasons, but there is no genuine apprehension that the petitioner does not expect any justice. The petitioner seems to have filed this application only to prolong the matter before the learned trial Court and there B being no good ground/reason for transfer of the case on the ground of no confidence on the learned Judicial Officer, this application is dismissed. However; the learned Additional Sessions Judge, Khushab is directed to dispose of the applications of both the parties in accordance with law within shortest possible time.