' NAZIM HUSSAIN SIDDIQUI, J.---The petitioners seeks leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, against the order dated 24-4-2000 of learned Single Judge, in Chamber, High Court of Sindh, Sukkur Bench, whereby the petitioners' Transfer Application No,7 of 2000 was dismissed.
2. The petitioners are facing trial for the offences punishable under sections 302, 34, 337-A(i), P.P.C.
And 13(d) of Arms Ordinance in Crime No,53 of 1998 which was registered at Police Station Daharki.
Prior to this transfer application, twice the petitioners had applied for transfer of their case. Transfer Application No,1 of 1999 was allowed by consent of the parties and the case was transferred from the Court of Sessions Judge, Ghotki. Now,' it is pending for decision before 1st Additional Sessions Judge, Ghotki.
3. The plea taken for transfer of the case is that on 7-12-1999, learned trial Court for certain reasons adjourned all the cases except of the petitioners. It is urged that it showed that the trial Court was interested in the matter. Also, it is contended, like other cases, the case of the petitioners should also have been adjourned. Learned High Court dealing with this contention observed that the trial Court was directed to dispose of the mater without delay and the act of the trial Court not adjourning the matter was in consonance with the direction given by the High Court. The High Court was also of the opinion that the petitioners were interested to prolong the proceedings as much as possible. Learned counsel for the complainant states that the petitioners are adopting delaying tactics and are creating hurdles in final disposal of the case on merits.
4. Under the circumstances, the order of the High Court is not open to exception. Leave to appeal is refused and the petition is dismissed.