1. SALMAN HAMID, J.---The present application has been moved under section 526, Cr.P.C. For transfer of Sessions Case No.272 of 2009, St. v. Azizullah and others culminating from F.I.R. No.97 of 2009 lodged at Police Station Ratodero, after its withdrawal from the Court of learned Additional Sessions Judge., Ratodero to any other Court here at Larkana, merely on the ground that murder threats have been extended by the accused party to the complainant and that they (applicants) have already shifted to Kotri and further that accused party is not allowing the prosecution witnesses to enter into their native village and visit the grave of their deceased brother and till date charge has not been framed.
2. The present transfer application has been ss:riously opposed by the State counsel as well as counsel appearing for the complainant on the grounds that charge has already been framed and that as far as alleged threats are concerned there is nothing on record to substantiate such allegation inasmuch as that neither any F.I.R has been lodged nor any complaint has been made in such respect and that no proceedings have been filed before a competent Court of law, alleging therein that F.I.R was attempted to be lodged in above respect and such was denied by the concerned police.
3. Bare perusal of section 526 of the Cr.P.C. Would show that whenever it is made to appear to the High Court that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinates thereto, or that some question of law of unusual difficulty is likely to arise, or that a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the same, or that an order under the section will tend to the general convenience of the parties or witnesses or that such an order expedient for the ends of justice or is required by any provision of this Code; or any further enquiry is required, only in such circumstances, application under the referred provisions of law would be maintainable. As against this, in the present application the grounds which have been taken by the Advocate for the applicant are general in nature without giving any details thereof and further that no aliegation has been raised or grievance has been complained of against the Court where presently the case is at trial. Looking at this aspect of the matter and also the fact that it has been vehemently opposed by the counsel, appearing for the State and the complainant, I am of the opinion that no ground for transfer of the case under point from Ratodero to Larkana has been made out and therefore the application is dismissed.