' QAISER RASHID KHAN, J.-- Through this application, the petitioners, namely, Yousaf Khan, Naqeebullah and Abdur Rahim, seek the transfer of application under section 22-A, Cr.P.C.
Submitted by respondent No.2 from the court of the learned Sessions Judge, Tank to some other court of competent jurisdiction at District, D.I.Khan.
2. Precise facts leading to the instant petition are that Mst. Malkanrah Bibi had earlier submitted an application under section 22-A, Cr.P.C. Praying for the registration of a criminal case against the petitioners. She had alleged that on 6-4-2011 at 7-00 p.m., the petitioners raided her house situated at Mamdu Gullu, District Tank and in the process killed her brother Mumtaz Khan who was allegedly involved in case F.I.R. No.41 dated 21-11-2010 under sections 5-10-2011 of the Hudood Ordinance, 1979 registered at Police Station Koper, District Malakand and despite her best efforts to register a case about the murder of her brother, the S.H.O. Of Police Station Mullazai i.e petitioner No.1 refused to do so, therefore, she approached the learned Justice of Peace Tank for registration of a criminal case which was accordingly ordered vide order dated 19-4-2011.
3. The said order was in turn impugned through Criminal Quashment petition No.69 of 2011, which was dismissed by this court vide order dated 31-10-2011. Thereafter, the complainant/ respondent No.2 filed another application under section 22-A, Cr.P.C. Before the learned Sessions Judge/Justice of Peace, Tank for the arrest of the petitioners, against which the instant transfer application has been preferred.
4. Learned counsel for the petitioners argued that despite the order of this court dated 31-10-2011 wherein it was directed that the trial of the case be conducted by any other learned Additional Sessions Judge at Tank, still the matter has been taken up by the learned Sessions Judge, Tank and thus it would be in the fitness of circumstances if the said application is transferred from the court of the said leaned Judge to the learned Sessions Judge or any other learned Additional Sessions Judge at D.I.Khan.
5.. In rebuttal, the learned counsel for respondent No.2 argued that the order dated 31-10-2012 of this court was in respect of the trial and not for every application to be filed before the learned Sessions Judge, Tank and that the petitioners in the garb of the instant transfer application are attempting to linger on the matter and nothing more.
6. Arguments heard and record. Perused.
7. It needs not reiteration, that in the order dated 31-10-2011 passed by, this court, some observations recorded by learned Sessions Judge/Justice of Peace, Tank in her order dated 19-4- 2011 were ordered to be expunged with further directions that in the interest of justice the trial court of case be conducted by some other learned Additional Sessions Judge, Tank. However, through the instant transfer application, the petitioners are seeking the transfer of the application filed by respondent No.2 under section 22-A, Cr.P.C. Seeking arrest of the accused/ petitioners charged in case F.I.R. No.97 dated 28-4-2011 of Police Station, Mullazai. The petitioners by making repeated reference to the order dated 31-10-2011 of this court cannot offset the, due process of law. The order of this court was for a restricted purpose and cannot be over-stretched to the sweet will and of course, prerogative of the petitioner so as include every ancillary application filed by the respondent No.2 for the redressal of some grievance. The learned counsel for the petitioners has been unable to offer any justification for the transfer of the application made by the respondent No.2 under section 22-A, Cr.P.C. Before the learned Sessions Judge/Justice of Peace, Tank which would, of course be decided on its own merits.
8. As a corollary to what is discussed above, I find no substance in this transfer application which is hereby dismissed.