ORDER SHEET

THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Criminal Revision Appln.No.S-46 of 2016

Date	Order with signature of Judge

                        For hearing of main case.

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11.09.2018

Mr. Zahid Hussain Chandio, advocate for the Applicant.

Mr.Nisar Ahmed G.Abro, Advocate for private respondents.

Mr. Sharafuddin Kanhar, A.P.G.

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            The applicant by way of instant Criminal Revision Application has impugned an order dated 10.05.2016, passed by learned Special Judge, Anti-Corruption (Provincial) Larkana, whereby the direct complaint filed by him was dismissed u/s. 203 Cr.PC.

            It is contended by learned counsel for the applicant that the direct complaint of the applicant has been dismissed by learned trial Court without hearing to him. By contending so, he sought for remand of the matter to learned trial Court for passing fresh and appropriate order on complaint of the applicant after due hearing.

            Learned A.P.G for the State and learned counsel for the private respondents have sought for dismissal of the instant Criminal Revision Application by contending that the applicant willfully failed to attend learned trial Court without any lawful justification.

            I have considered the above arguments and perused the record.

            Admittedly, neither the applicant nor his counsel was heard by the learned trial Court prior to passing of impugned order, which is against the spirit of Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973, which provides guarantee to every citizen for fair trial and due process for determination of his civil and criminal rights.

            In view of above, the impugned order could not be sustained, it is set aside. Consequently, the learned trial Court is directed to pass the fresh and appropriate order after hearing to all the concerned.

            The instant Criminal Revision Application is disposed of accordingly.

J UDGE

Manzoor