MIAN GHULAM AHMAD, J.- A case under sections 307/34 PPC registered at P.S. Kotli Sattian, District Rawalpindi, is pending in a criminal court at Kotli Sattian and is sought to be transferred to a court at Rawalpindi, the ground being that it would be inconvenient for the accused persons who are putting up at Rawalpindi to defend themselves in a court situate at a far OF place (Kotli Sattian which is a sub-division of Rawalpindi District) especially as the complainant belongs to that place and has approach to the witnesses. It is urged that if the accused are forced to face trial at Kotli Sattian, they will be involved in other cases at the behest of the other side. It is also submitted that the petitioners have engaged a counsel from Rawalpindi and he is not prepared to go to Kotli Sattian and the accused cannot afford to engage another counsel.
2. The learned Sessions Judge Rawalpindi had rejected the transfer application, vide order dated 20.7.93, observing that the grounds invoked by the accused could not validly be availed of for transfer of the case which pertained to P.S. Kotli Sattian and normally was to be tried at that place.
There the petitioners had pleaded poverty, besides atmosphere at Kotli Sattian being charged with animosity against them. The incident had occurred within the jurisdiction of P.S. Kotli Sattian and the trial of the case has to take place there in routine and very strong reasons should exist warranting the trial of the case elsewhere. I do not think that the accused have been able to invoke such exceptional grounds. They may be living at Rawalpindi but they had allegedly involved themselves in an armed encounter with the complainant at a place in the area of P.S. Kotli Sattian; and they will have to face the trial there. Again, if the case is transferred to Rawalpindi, it will work increasing hardship to the complainant, who similarly may experience a hostile atmosphere at Rawalpindi, where he will have to engage another counsel. He may undergo comparatively more inconvenience, on being made to pursue his case in a court at Rawalpindi.
3. There is thus available absolutely no good ground justifying transfer of the case from Kotli Sattian to Rawalpindi. Such prayer made by the accused persons has therefore to be rejected. The petition stands dismissed accordingly.