ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Revision Appln.No.S-39 of 2020

DATE                    ORDER WITH SIGNATURE OF JUDGE

For hearing of main case.

01.10.2020.

Mr. Saeed Ahmed Bijarani, Advocate for applicant.

                   Mr. Ashfaque Hussain Abro, Advocate for private respondent

Mr. Aitbar Ali Bullo, D.P.G for the State.

                                      -.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH-J: The facts in brief necessary for passing the instant order are that the private respondent allegedly with rest of the culprits, in furtherance of their common intention, committed Qatl-e-Amd of Faiz Muhammad, by causing him fire shot injuries, for that he was booked and reported upon.

 2.               Learned Magistrate who was seized of the matter, on application moved on behalf of private respondent declared him to be juvenile offender, vide his order dated 02.09.2020, which is impugned by the applicant before this Court by way of instant Application under section 439 r/w 561-A Cr.PC.       

3.                 It is contended by learned counsel for the applicant that the private respondent has been declared as juvenile offender by learned 2^nd Civil Judge & Judicial Magistrate, Kashmore, without opinion of Medical Board and on the basis of School Leaving Certificate, which was false. By contending so, he sought for setting aside of the impugned order. In support of his contention, he relied upon case of Dost Muhammad Vs. The State and others (2020 MLD-1384).

4.                 Learned D.P.G. for the State and learned counsel for the private respondent have sought for dismissal of instant Crl.Revision Application by supporting the impugned order by contending that it has been passed after proper inquiry.

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

6.                 The application moved before learned 2^nd Civil Judge & Judicial Magistrate, Kashmore, on behalf of the private respondent was with the prayer that the age of private respondent to be determined after referring him to Medical Board. No Medical Board was constituted. The age of the private respondent was determined on the basis of Academic Certificates, the correctness whereof is disputed by the applicant. In that situation, the impugned order is set aside with direction to learned 2^nd Civil Judge & Judicial Magistrate, Kashmore, or Sessions/Additional Sessions Judge, seized of the case, to order for constitution of Medical Board for determination of age of the private respondent and then to pass afresh order in accordance with law by providing chance of hearing to all the concerned.

7.                The instant Application under section 439 r/w Section 561-A Cr.PC is disposed of accordingly.

                                                                                          J U D G E