' By this application, applicant seeks transfer of Sessions Case No,333 of 1993 regarding State v.
Pinyal and others from the Court of learned Additional Sessions Judge, Ratodero to any other Court of competent jurisdiction at Larkana.
2. At the very outset learned A.A.-G. Has pointed out that this being third application on same subject-matter, is not maintainable and is liable to be dismissed.
3. I have gone through the record and have found that applicant had firstly filed Transfer Application No,6 of 1998 which was withdrawn by his counsel Mr. Rajib All Tunio on 3-4-1998.
Applicant was allowed to repeat such application only on some fresh grounds. He did not keep silent but preferred another Criminal Transfer Application No,15 of 1998 which was dismissed on 18- 8-1998 by this Court and prayer was declined. Again on 22-8-1998 applicant preferred third Application No,17 of 1998 on the same grounds as agitated by him in the earlier two applications.
The only ground urged in the above-referred applications was that it was not convenient to the complainant and his witnesses to attend the abovementioned Court. This admittedly is a frivolous ground without any findings. Irrespective of above, the mandatory provision as laid down under subsection (6) of section 526, Cr.P.C. Of giving notice in writing of filing of such application together with copies of the grounds at least 24 hours prior to the hearing of such application has not been complied with in this case. As such, this is a tit case where provisions of section 6-A of the above- referred section would be attracted whereby the practice of tiling of frivolous or vexatious transfer applications have been discouraged and applicants can be penalized to pay compensation not exceeding Rs,500 to the other party who had opposed the application.
4. While dismissing the above application, the applicant is directed to pay compensation of Rs,400 to the respondents within a period of one month from the order.
5. In case of default of payment of abovesaid compensation within above-mentioned period, the same shall be recovered as an arrears of land revenue. In case such recovery is not made, applicant shall suffer simple imprisonment for thirty days.
6. The provisions of sections 68 and 69, P.P.C. Would also be applicable in this case whereby the imprisonment would terminate on payment of fine or would terminate on payment of proportional part of fine, whenever paid during the subsistence period of sentence.