ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. No.S- 251 of 2020

Date Order with Signature of Hon’ble Judge

Priority case

1. For hearing of main case

2. For hearing of MA No.2457/2020 (S/A)

(Notice issued)

19.06.2020

Mr. Haji Shamsuddin Rajper Advocate for the Applicant

Mr. Abdul Hameed Sangi Advocate for respondent No.4

Mr. Abdul Rahman Kolachi, DPG for the State.

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1. The applicant by way of instant Criminal Miscellaneous Application has impugned order dated 04-06-2020 passed by learned Additional Sessions Judge/ Ex-Officio Justice of Peace Thari Mirwah, whereby he has directed SHO PS Faiz Ganj to record the statement of the private respondent, for purpose of FIR.

2. It is contended by learned counsel for the applicant that though the reports were called from SHO PS Faiz Gang and DSP Complaint Cell Khairpur, but same together with arguments so advanced have not been considered by learned Additional Sessions Judge/Ex-office Justice of Peace Thari Mirwah while passing the impugned order, without lawful justification, therefore same being illegal is liable to be set aside.

3. Learned DPG for the State and learned counsel for the private respondent by supporting the impugned order have sought for dismissal of instant Crl. Misc. Application.

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

5. The perusal of impugned order reveals that neither the arguments so advanced by learned counsel for the parties and nor the reports of SHO PS Faiz Ganj and DSP Complaint Cell Khairpur have been considered by learned Additional Sessions Judge/Ex-office Justice of Peace Thari Mirwah, while passing the same, such omission could not be lost sight of, which indeed negates the mandate of fair trial for determination of civil/criminal rights/charge and obligation of individual as is prescribed by Article 10-A of Constitution of Islamic Republic of Pakistan 1973..

6. In view of above, the impugned order is set aside with direction to learned Additional Sessions Judge/Ex-office Justice of Peace Thari Mirwah to pass the same afresh, by considering the reports of SHO PS Faiz Ganj and DSP Complaint Cell Khairpur and providing chance of hearing to all the concerned.

7. The instant Crl. Misc. Application is disposed of accordingly.

Judge

Nasim/P.A