1. This is an application under section 526, Cr.P.C. For the transfer of the case from the Court of Additional District and Sessions Judge III West, Karachi. Briefly stated the facts are that one Mian Ibrahim was arrested by Nazimabad police under section 14(d), Arms Ordinance on 10-9-1979 in a case registered as Crime No.209 of 1979. He was granted bail by the Additional Sessions Judge, IVth Karachi and applicant Jawaid Haider Kazmi appeared in that applicslion as defence counsel. One Muhammad Riaz Minhas. Respondent No.3 appeared as surety for the accused. The accused did not appear in the trial Court on 20-8-1983. An application was moved under section 476-A, Cr.P.C.
2. For registering a case against the respondents as respondent No.1. Produced surety. The surety documents were referred to the Excise and Taxation Department who found the documents to be false and bogus. The learned Additional Sessions Judge, IV Karachi issued notice to accused as well as his surety Muhammad Riaz Minhas. Process has not been served on accused and surety, therefore, trial Court issued notice to respondents Nos.1 and 2 on 26-4-1984. The respondents Nos. 1 and 2 appeared'and submitted objections. The petitioner filed Criminal Revision Application No.31 of 1985 in this Court and it was ordered on 7-7-1985 that Additional Sessions Judge IV, Karachi to expedite the matter. In the meanwhile Karachi was divided into three judicial districts and this case was handed over to the Court le Additional Sessions Judge III West Karachi.
3. Petitioner's case is that the notice under section 476 was issued by the then Additional Sessions Judge IV, Karachi and present the jurisdiction of the original case vests with the District Judge, South and the learned Additional Sessions Judge who dealt with the case has been posted as Ilnd Additional Sessions Judge South, Karachi therefore according to section 177, Cr.P.0 he has got the jurisdiction to deal with this matter.
4. Respondent No.1 is present in peron He has opposed the transfer application and stated that there is no error in law for the Additional Sessions Judge In West, Karachi to proceed with the matter. He has referred to some case-law. Mr. Muhammad Ibrahim Memon, Additional Advocate-General is of the view that the case be transferred to the Additional Sessions Judge having jurisdiction. After the bifurcation the case falls under the jurisdiction of Sessions Judge South. It is also contended that one connected case is also pending in the Court of Ilnd Additional Sessions Judge Karachi. It was pointed out by the learned Additional Advocate-General that notice under section 476, .Cr.P.C. Was given by the present sitting Judge as Ilnd Additional Sessions Judge South. Karachi, therefore, in the interest of justice he, having the jurisdiction, should deal with the matter and decide according to law. As the facts are that the bail was granted by that Judge and he accepted the surety.
5. Therefore, in my view the same Judge should deal and decide the meter according to \ law. The learned !Ind Additional Sessions Judge. South has the jurisdiction to try the case and he has already issued the notice to the resPondent therefore, the case is transferred from the file of Additional Sessions Judge III West, Karachi to the file of Additional Sessions Judge II, South, Karachi.
6. I invite the attention of the trial Court to A order passed by this Court on 7-7-1985 in Criminal Revision Application No.31 of 1985 wherein trial Court was specifically directed t6 expedite the matter and very short adjournments be granted, if need for. Ten months have passed yet the matter has not been finalised. He should try to complete the case as early as possible.