This is a transfer application under section 526, Cr. P. C. Filed by the petitioner Haji Ali Ahmed, who is a witness for the prosecution at whose instance F. I. R. Annexure `A' was registered on behalf of the state by S. H. O. Amanullah Khan it police station Naushro Feroze for an offence under section 364, P.P.C. Respondents Nos. 2 to 9 are all accused in the case which is pending before the learned Civil Judge & F. C. M. Naushero Feroze, Mr. Muhammad Saleh Memon.
2. The petitioner seeks transfer of this case on the ground that the witnesses including Mst. Sharam Khatoon, the wife of the petitioner, who is a material witness and has not yet been examined apprehend danger to their lives if they go to Nawabshah district. It is alleged that accused- respondents are desperate people and have been issuing threats of murdering the witnesses.
Affidavits of as many as 8 witnesses in this connection have been filed. These include P. Ws. Ismail, Jan Muhammad, Mitho, Din Muhammad, Muhammad son of Murad Khan, Ali Nawaz and Sharam Khatoon the victim of the case. Besides the petitioner Haji Ali Ahmed himself. Some of them have said that they have not supported the prosecution case on account of the threats issued to them by the respondents. They also informed the P. S. I. Incharge of this case but he professed his inability to help them in this respect. No affidavit in rebuttal has been filed by any of the respondents or by any one else on their behalf.
3. The learned counsel for the petitioner contends that recently there have been several murders in cases like this where women were involved in Nawabshah district. The petition for transfer is also supported by Mr. Usman Ghani Rashid, the learned counsel appearing for the state in this case.
4. Mr. Karar Hussain Rizvi, the learned counsel for the opponents, however, contends that this case should not be transferred as it cannot be said that the transfer of the case would tend to general convenience of the parties. On going through the affidavits of the witnesses and after considering the facts of this case and the general conditions that prevail in this part of the country specially in regard to such matters, I feel that A there is a genuine apprehension that Mst. Sharam Khatoon may be subjected to violence if she goes to Nawabshah district repeatedly in connection with this case.
5. There is another reason which has weighed with me in ordering transfer of this case, I am informed by all the concerned parties that Mr. Muhammad Saleh Memon, Civil Judge & F. C. M. Who was seized of this case has been transferred to Tando Allahyar in the district of Hyderabad. This place, I am informed is about 40 miles from Nawabshah, from where the learned counsel appearing for the accused respondents would go to argue their case. As against this Naushero Feroze, where he has been going for this purpose is about 70 miles away from Nawabshah. As many as 8 prosecution witnesses have already been examined in this case and only four remained. The learned Magistrate who was incharge of this case had seen those witnesses and observed their demeanour. I have, therefore, considered it expedient in the interests of justice that this case: should be transferred to Mr. Muhammad Saleh Memon, who is now working as Civil Judge & F. C. M. At Tando Allahyar. This Magistrate seemed to enjoy the confidence of all the parties as no allegations whatsoever have been made against him in this case: Moreover, being familiar with the facts of the case, he would be in a better position to appreciate the merits of the case as he would be in a position to observe the demeanour of all the witnesses. Only four witnesses remained to be examined. The learned Magistrate is directed to hear this case on the least possible hearings so that no unnecessary inconvenience is caused to the parties and to conclude the case as early as possible.
6. In the result the file of the cast shall be sent to the Court Of Mr. Muhammad Saleh Memon, Civil Judge & F. C. M. At Tando Allahyar who shall proceed with the case from the stage where he left it at Naushero Feroze ,and dispose it of expeditiously.