ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Cr. Revision Appln. No. S-
71 of 2018
Date Order
with Signature of Hon’ble Judge
Priority case
1.
For
hearing of main case
2.
For
orders on MA No.4651/2018 (S/A)
29.03.2019
Mr. Achar Khan
Gabole Advocate for the applicant
Mr. Manzoor
Hussain Lashari Advocate for respondent No.1
Mr. Shafi
Muhammad Mahar, Deputy Prosecutor General
>>>>>>>>…<<<<<<<
Irshad
Ali Shah, J; The applicant by way of
instant Criminal Revision application has impugned order dated 07.08.2018
passed by learned Sessions Judge Khairpur, whereby direct complaint No.82/2017
“titled Mst. Gulshad vs. Dr. Nasrullah and others” pending on the file of
learned Additional Sessions Judge IV Khairpur, has been transferred to the file
of learned Additional Sessions Judge Mirwah.
2. It
is contended by learned counsel for the applicant that the impugned order being
non-speaking has been passed without hearing to all the concerned. By
contending so, he sought for setting aside of the same.
3. Learned
DPG for the State was fair enough to state that the impugned order is not
containing the reasons while learned counsel for the private respondent has
sought for dismissal of the instant Criminal Revision Application by contending
that no harm would be caused, if the case is allowed to proceed before the
Court of learned Additional Sessions Judge Mirwah.
4. I
have considered the above arguments and perused the record.
5. The impugned order reads as follows;
“Heard learned counsel for applicant,
respondent Gulshad in person, perused the entire material available on record
and also perused the comments called from the court of learned Additional Sessions
Judge-IV Khairpur. The transfer application is hereby allowed. Criminal
Complaint No.82/2017 re. Dr. Mst. Gulshad versus Dr. Nasrullah and others filed
u/s 3 & 4 of Illegal Dispossession Act is withdrawn from the file of the
Court of learned Additional Sessions Judge-IV Khairpur and transferred to the
Court of learned Additional Sessions Judge Mirwah for disposal according to
law.”
6. The bare
perusal of the above order reveals that no reason is assigned by learned
Sessions Judge Khairpur for ordering transfer of the case from one to other
Court, which is against the spirit of Section 24-A of the General Clauses Act,
Sub- Section (2) whereof reads as below;
“(2) The
authority, office or person making any order of issuing any direction under the
powers conferred by or under any enactment shall, so far as necessary or
appropriate, give reasons for making the order or, as the case may be, for
issuing the direction and shall provide a copy of the order or, as the case may
be, the direction to the person affected prejudicially”.
7. For what has
been discussed above, the impugned order is set aside with direction to learned
Sessions Judge Khairpur to pass the same afresh in detail explaining the reason
for making transfer of the case from one to other Court, after providing chance
of hearing to all the concerned.
8. The instant Criminal Revision Application
is disposed of accordingly along with listed application.
ARBROHI