1. ORDER SALMAN HAMID, J.---Through this application, the applicant has sought withdrawal of sessions case No.458 of 2008 State v. Namdar and others from the Court of 1st Additional Sessions Judge, Jacobabad and its transfer to any other Court at Jacobabad inasmuch as that according to the applicant attitude of the learned trial Judge towards applicant was very harsh and favourable to the accused persons and that the learned Judge is compelling the applicant to compound the offence with the accused failing which he will acquit the accused from all the charges. It is further alleged in the application in hand that the accused is publicly expressing the above opinion of the learned Judge and therefore under such circumstances the applicant has lost confidence in the judge who is presiding over the Court.
2. Upon a report being sought, the Ist Additional Sessions Judge Jacobabad reported on 8-6-2010 that all the allegations raised in the application are false, frivolous, baseless and concocted and that the transfer of the case on such ground was uncalled for. According to the report, above allegations have been raised by the applicant against the 1st Additional Sessions Judge, Jacobabad when the entire evidence of the prosecution has been completed and therefore applicant does not want the case to be decided soon.
3. From the comments/report of the 1st Additional Sessions Judge, Jacobabad it becomes clear that the case is at the terminal stage. Faced with such a situation present application has been filed so that the accused continue to suffer unnecessarily. The Court, while deciding the application for transfer must consider that no injustice is caused to anyone. In the present case it is clear that the application has been moved to delay the matter and that the allegations raised have no substance. By now it is well established that transfer of a case from one Court to another Court cannot be claimed as a matter of right or cannot be granted as a matter of routing and that Court has to see whether the mistrust which is shown by the applicant is genuine or otherwise. In the present case I find the apprehensions of the applicant are made up. I am not inclined to grant application in hand and the same ist herefore dismissed.