This has become infructuous, in view of the order that I propose to pass at No.2 and is dismissed.
2. This transfer application has been moved on behalf of the applicant seeking transfer of Criminal Case No. 109 of 1998 pending in the Court of IInd Judicial Magistrate, Karachi East, to any other Court of competent jurisdiction in Karachi South. The ground for such transfer is that, according to the counsel, the alleged offence was committed within the jurisdiction of District South and, therefore, the Court in that District will have jurisdiction. This question of jurisdiction should be raised before the concerned Court and filing of transfer application on that ground would not be a proper proceeding. If the applicant considered that the IInd Judicial Magistrate, Karachi East did not have jurisdiction to proceed with the matter, such objection ought to have been taken before that Court and in case the applicant was not satisfied with the order on such objection he should have proceeded according to the normal procedure. This transfer application, therefore, does not merit consideration and is dismissed.
3. In view of the above, this application too has become infructuous and is dismissed.
H.B.T./M.-178/K.