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

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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 Nasrullah and others filed u/s 3 & 4 of Illegal Dispossession Act is withdrawn from the file of the Court of learned Additional Sessions Judge-IV Khairpur and transferred to the Court of learned Additional Sessions Judge Mirwah for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.

Judge

ARBROHI