ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 1110 of 2017

 

Date                 Order with Signature of Hon’ble Judge

 

Priority case

1.     For orders on office objection at flag ‘A’

2.     For hearing of main case

3.     For hearing of MA No.11475/2017 (S/A)

 

15.04.2019

Mr. Saleem Akhtar Shah Advocate for the Applicant

None for the private respondents

Mr. Aftab Ahmed Shar Additional PG 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 was employee of the applicant was allotted a house which he was under obligation to have vacated in favour of the applicant after his retirement, which he failed to vacate, therefore, applicant filed a complaint against the private respondent before learned 1st Civil Judge and Judicial magistrate for doing the needful, it was allowed by learned 1st Civil Judge and Judicial Magistrate Sukkur vide his order dated 12.08.2017. It was impugned by the private respondent by way of filing a Criminal Revision application, it was accepted by learned 1st Additional Sessions Judge, Sukkur  vide his order dated 24.10.2017 with the following observation;

“In view of the above discussion, the circumstances of the case, policy of PTCL order dated 12.08.2017 is hereby set-aside and case is remanded back to learned 1st Civil Judge and Judicial Magistrate Sukkur with direction that afresh order be passed after hearing the parties in view of the policy dated 14.12.2016.”

3.                    The applicant being aggrieved of the above said order of learned Revisional Court has impugned the same before this Court by way of instant Criminal Miscellaneous Application u/s 561-A, Cr.P.C.

4.                    It is contended by learned counsel for the applicant that learned Revisional Court has passed the impugned order without providing chance of hearing to the applicant. By contending so, he sought for setting aside of the same with direction to learned Revisional Court to pass the same after providing chance of hearing to the applicant.

 

4.                    Learned Additional PG for the State was fair enough to say that the applicant has not been heard by learned Revisional Court prior to passing of impugned order. None, however, has come forward to advance argument on behalf of the private respondent without any lawful justification, which prima facie indicates that the private respondent has no defence to make before this Court.

5.                    I have considered the above arguments and perused the record.

6.                    Admittedly, the complaint was filed by the applicant and the applicant has not been heard by the learned Revisional Court prior to the passing of impugned order, which is against the spirit of natural           justice. In these circumstances, the impugned order is set-aside with direction to learned Revisional Court to pass the same afresh after providing chance of hearing to all the concerned, which is mandated by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973, which reads as under;

“10(A) Right to fair trial. For the determination of his civil rights and obligation or in any criminal charge against him a person shall be entitled to a fair trial and due process.”

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

 

Judge

 

 

ARBROHI