| Case ID |
2b511cb3-415e-4e04-8e93-5cf692597d29 |
| Body |
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| Case Number |
Criminal Transfer Application No. S-126 of 2016 |
| Decision Date |
Jul 14, 2017 |
| Hearing Date |
|
| Decision |
The application for re-transfer of the sessions cases from the court at place 'M' to the court at place 'T' was dismissed. The court found that the applicant had not challenged the prior orders that transferred the cases. The applicant was instrumental in delaying the trial by seeking adjournments. Therefore, the circumstances did not warrant a re-transfer, and the attempt to hamper proceedings was evident. |
| Summary |
In the case of Criminal Transfer Application No. S-126 of 2016, the Sindh High Court addressed the issue of transferring sessions cases from Mirpurkhas back to Tando Allahyar. The applicant, Khalil-ur-Rehman, argued for the re-transfer based on the premise that both parties hailed from Tando Allahyar and the incident occurred within its jurisdiction. However, the court noted that the applicant had previously accepted a transfer to Mirpurkhas and had contributed to delays by repeatedly seeking adjournments. The court concluded that there was no merit in the application to re-transfer the cases, emphasizing the importance of timely legal proceedings and the responsibilities of the parties involved. The ruling reinforced the principle that strategic delays in legal proceedings could undermine the justice system. This case highlights the critical balance between the rights of the accused and the efficiency of the judicial process, making it a significant reference in criminal procedure law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
KHADIM HUSSAIN M. SHAIKH
|
| Lawyers |
Muhammad Akhtar Bhatti,
,
Muhammad Yousuf Leghari
|
| Petitioners |
Khalil-ur-Rehman
|
| Respondents |
2ND ADDITIONAL SESSIONS JUDGE, MIRPURKHAS,
Muhammad Yousuf Leghari,
Syed Meeral Shah Bukhari
|
| Citations |
2018 SLD 1792,
2018 YLR 1711
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
526
|