ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 142 of 2019

Date Oder with Signature of Hon’ble Judge

Priority case

1. For hearing of main case

2. For hearing of MA No.1116/2017 (S/A)

01.04.2019

Mr. Ajeebullah Junejo Advocate for the Applicants

Mr. Manzoor Hussain Soomro, Advocate for respondent No.3

Mr. Shafi Muhammad Mahar, DPG for the State

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Irshad Ali Shah, J;- The facts in brief necessary for disposal of instant Criminal Miscellaneous Application are that the private respondent by making an application u/s 22-A and B Cr.P.C sought for direction for recording his FIR, it was issued accordingly by learned Additional Sessions Judge/Ex-Officio Justice of Peace Pano Akil vide his order dated 06.02.2019, the applicant being aggrieved of the same has impugned the same before this Court by way of instant Criminal Miscellaneous application u/s 561-A Cr.P.C.

2. It is apparent of the record that the report so furnished by the SHO P.S Baiji Sharif was not considered by learned Additional Sessions Judge/Ex-Officio Justice of Peace Pano Akil while passing the impugned order.

3. Learned DPG for the State and learned counsel for the private respondents when confronted with the above position, were fair enough to consent for remand of the matter to learned Additional Sessions Judge/Ex-officio Justice of Peace Pano Akil for passing afresh order by providing chance of hearing to all the concerned and considering the material available on record.

4. In view of above, the impugned order is set aside with direction to learned Additional Sessions Judge/Ex-officio Justice of Peace Pano Akil to pass the same afresh after providing chance of hearing to all the concerned and considering the material available on record.

5. The instant Criminal Miscellaneous Application is disposed of in the above terms.

Judge

ARBROHI