ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-98 of 2018.

Date of hearing

Order with signature of Judge

Before:  Mr.Justice Irshad Ali Shah.

1. For orders on office objection “A”  

2. For hearing of main case.

15.11.2018.

                   Mr. Khalid Ahmed Buriro, Advocate for the applicant.                         Mr.Raja Imtiaz Ali Solangi, A.P.G.

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                   It is stated by learned counsel for the applicant that in terms of order dated 08.03.2018, passed by learned 3^rd Additional Sessions Judge/Ex-officio Justice of Peace, Shikarpur; the applicant appeared at P.P Faizu of P.S Khanpur, for making her statement. It was recorded accordingly and then a report whereof in terms of Section 155 Cr.PC was furnished by incharge ASI P.P Faizu of P.S Khanpur before learned Civil Judge & Judicial Magistrate, Khanpur, for further action in accordance with law. On such report of the police, according to him, the learned Civil Judge & Judicial Magistrate, Khanpur, passed an order dated 12.03.2018, to the effect that “file”. Such order according to learned counsel for the applicant is now impugned before this Court by way of instant Crl.Misc.Application, which according to him is to be set aside by this Court, as it is non-speaking and has been passed without hearing to anyone.               

                   The learned A.P.G was fair enough to state that the impugned order is non-speaking.

                   I have considered the above arguments and perused the record.

                    Section 24-A of General Clauses Act relates to exercise of powers under enactment, 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”.      

                   The bare perusal of above provision of law reveals that, any authority, office or person making any order or issuing direction may give reason for making such order or direction. No reason is assigned by the learned Civil Judge & Judicial Magistrate, Khanpur, by ordering the report of the police to be “filed”. In that situation, it could be concluded safely that the compliance of direction contained by Section 24-A (2) of General Clauses Act, has not been made with by learned Civil Judge & Judicial Magistrate, Khanpur, while passing the impugned order, same as such could not be sustained, it is set-aside, with direction to learned Civil Judge & Judicial Magistrate, Khanpur, to pass the same afresh in detail, after providing chance of hearing to all the concerned.

                    The instant Crl.Misc.Application is disposed of accordingly

                                                                                     JUDGE

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