ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Misc. Application No.S-27 of 2022

(Aijaz Ali Gilal Vs. The State & others)

1. For Orders on office objection.

2. For hearing of main case.

07-11-2023.

Mr. Ubedullah Malano, advocate for the applicant.

Mr. Yameen Ali Khoso, advocate for the private respondents.

Mr. Shafi Muhammad Mahar, Deputy P.G for the State.

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1. Over ruled.

2. The facts in brief necessary for disposal of instant Crl. Misc. Application are that there was dispute between the applicant and private respondents over installation of the door in street. By maintaining such allegation, the private respondents moved an application u/s 133 Cr.P.C for removal of such door alleging it to be nuisance, it was allowed by learned Ist Judicial Magistrate Gambat vide order dated 10-09-2020, it was impugned by the applicant by preferring a Revision Application, it was dismissed by learned Additional Sessions Judge Gambat vide order dated 18-12-2021, which is impugned by the applicant before this Court by preferring the instant Crl. Misc. Application.

It is contended by learned counsel for the applicant that it was civil dispute which the private respondents are intending to resolve under garb of proceedings u/s 133 Cr.P.C, such aspect of the case has been lost sight of learned Courts below; therefore, impugned order is liable to be set aside by this Court, which is opposed by learned DPG for the State and learned counsel for the complainant by supporting the impugned order.

Heard arguments and perused the record.

While passing the order, learned trial Magistrate has discussed the reports of SHO PS Agra, Chairman Town Committee Gambat and Mukhtiarkar Gambat without examination of authors thereof ignoring the facts that their examination was essential to prove the contents whereof. In that situation, the orders passed by the learned Courts below could not be sustained, those are set aside with direction to trial Magistrate to call and examine the authors of above said reports and then to pass fresh order on application u/s 133 Cr.P.C in accordance of law by providing fair opportunity of hearing to everyone.

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

J U D G E

Nasim/P.A.