IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Acquittal Appeal No.S-50 of 2017

Appellant/Complainant :      Tariq Ali son of Deedar Ali Rind,

In person

Respondents                   :     Through Mr.Gulshan Dayo Advocate

                                                for private respondents, &

The State through Mr.Raja Imtiaz Ali Solangi,

                                                             A.P.G

Date of hearing              :       25.10.2018          

Date of decision             :       25.10.2018                   

JUDGMENT

IRSHAD ALI SHAH, J.- The appellant/complainant by way of instant Criminal Acquittal Appeal has impugned order u/s.249-A Cr.PC dated 11.09.2017, which is passed by learned 3^rd Judicial Magistrate Larkana, whereby he has acquitted the private respondents of the offence for which they were charged.

2.                It is contended by the applicant/complainant that he was the complainant of the case, as such was to have been heard by learned trial Court before recording acquittal of the private respondents on their application u/s.249-A Cr.PC and by not doing so, learned trial Magistrate has condemned him unheard which is against the spirit of natural justice. By contending so, he sought for setting aside of the impugned order with direction to learned trial Magistrate to proceed with case further in accordance with law.

3.                Learned A.P.G did not support the impugned order while learned counsel for the private respondents sought for dismissal of the instant criminal acquittal appeal by contending that the appellant/complainant is intending to resolve his civil dispute with the private respondents by way of instant criminal litigation.

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

5.                There is no dispute with regard to the fact that the Magistrate is authorized to record acquittal of the accused at any stage of the trial, after hearing the prosecutor and the accused, if he found the charge to be groundless, or that there is no probability of the accused being convicted of any offence. In the instant matter, the evidence of the appellant/complainant and his witnesses was yet to be recorded and in absence of their evidence, acquittal of the private respondents on the basis of evidence of author of FIR and investigating officer of the case by learned trial Magistrate by forming his opinion that there is no probability of the private respondents of being convicted of the offence for which they have been charged was uncalled for, that too without providing chance of hearing to the appellant/complainant in case like the present one. In these circumstances, the order impugned could not be sustained, it is set aside, with direction to learned trial Magistrate to proceed further with the case, in accordance with law.

6.                 The instant criminal acquittal appeal stands disposed of in above terms.

                                                                                          J U D G E

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