1. ' SALMAN HAMID, J.---By this application, the applicant seeks transfer of Complaint No,223 of 2009 re: Abdul Hague Bhatti v. A.S.-I. Sher Muhammad Jafferi and others from the Court of learned Civil Judge and Judicial Magistrate Thull to any other Court competent to try and dispose of the same on merits mainly on the grounds that the applicant is poor, helpless person of lower middle class and that the opponents are highly influential persons with backing of high profile leaders of the locality of Thull Town as they are affiliated with departments like WAPDA and Police. That the applicant saw opponents frequently visiting the chamber of the judge where the case is presently pending. Not only this, it was further alleged in the application for transfer of the case that the judge has openly on many occasions stated that he would decide the case against the applicant and therefore, the applicant has lost confidence in the Judge and expect no justice from him. In the grounds of transfer application, it was also mentioned that transfer application was moved before the learned Sessions Judge who dismissed the same unlawfully, illegally and without jurisdiction. In the grounds for transfer of the application, the applicant further stated that the trial Court has imposed cost on the applicant when adjournment was sought by him which order was set aside in revision by the learned Sessions Judge, Jacobabad. It was also mentioned in the application that the trial Judge issued bailable warrants on 27-1-2010 for his non-appearance despite an application for adjournment was moved. It was also mentioned that the revision petition No,5 of 2010 that was moved by the applicant was dismissed by the competent court.
2. ' Comments were called by the Civil Judge and Judicial Magistrate Thull wherein he reported that Case No,229 of 2009 is pending trial before him which he received by way of transfer from the Court of learned 2nd Civil Judge and Judicial Magistrate Jacobabad under the orders of honourable Sessions Judge, Jacobabad and that upon receipt of R & P on 17-8-2009 the case was fixed on 25-8-2009. After perusal of R & Ps, it revealed to him that on 17-11-2008 charge was framed by the learned 2nd Civil Judge and Judicial Magistrate Jacobabad and on 7-2-2009, applicant Abdul Hague was examined by the learned 2nd Civil Judge and Judicial Magistrate Jacobabad and thereafter no other witness was got examined by the applicant before that Court. The learned Judge further mentioned that under the directions of National Judicial Policy for disposal of criminal cases punishable with imprisonment for up to seven years registered after 1st January, 2009 the same were to be kept on fast track for disposal within six months. The learned Judge under such circumstances insisted the complainant to procure attendance of witnesses before him for evidence but the applicant for one reason or the other was taking adjournments and in the meanwhile also moved transfer application before the Court of learned Sessions Judge wherein the comments were sought which were filed. The Sessions Court Jacobabad dismissed the transfer application moved by the applicant. Not only this the Sessions Judge also issued notice to the applicant for false frivolous and vexatious accusations those were raised by the applicant against the Judicial Officer and on 29-1-2010, the learned advocate on behalf of the applicant had undertaken before the Sessions Judge that he would proceed with the matter expeditiously and without further delay. However, instead of moving into the case expeditiously the applicant filed Petition No,S-110 of 2010 before this court which petition was dismissed by this court. On 12-4-2010 for non-prosecution and intimation thereof was received by the Judge/trial Court from the Deputy Registrar of this Court vide No,3655 dated 21-4-2010. After receipt of such information the trial Court wants to expeditiously dispose of the matter.
3. ' From the above narration it becomes patently clear that the applicant is in a habit of making frivolous applications by raising un called for allegations against the presiding Judge and that it is not for the first time that he moved such application. From the own showing of the applicant, it is clear that his case, remained pending from 2006 till July, 2009 before Judicial Magistrate Jacobabad and no efforts had been made by him to have the case disposed of expeditiously. It therefore, becomes clear that the applicant is not at all interested to have the case decided in the shortest possible time and wants to prolong the matter unnecessarily. While deciding the application under section 526; Cr.P.C, the Court has to see and explore the intention behind moving of such an application and to see whether in fact there was case of transfer or other wise that is to say whether any delay is in the mind of the applicant to be caused by making such an application.
4. As far as the present case is concerned, it is patently clear that the application in hand was aimed at and was moved to delay the matter unnecessarily. Looking at the comments filed by the learned Civil Judge and Judicial Magistrate, ThuII and also the frivolous grounds taken by the applicant in his. Transfer application, this application is dismissed being without merits.