ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDEARBAD

Cr. Misc. Appl. No.440 of 2009

Date               ORDER WITH SIGNATURE OF JUDGE

1.   FOR KATCHA PESHI

              2.   FOR HEARING OF MA 2918/09.

11.12.2009

Mr. Muhammad Ishauqe Khoso Advocate for applicant.

Mr. Shahid Ahmed Shaikh Assistant P.G. for the State.

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     Learned counsel for the applicant contended that the impugned order passed by the Magistrate lacks the reasons and it cannot be termed as speaking order.

Learned Assistant P.G for the State frankly concedes the above position.

From the perusal of the impugned order, it is clear that the learned Magistrate has passed the same in haste and mechanical manner. The order did not transpire that the Magistrate has taken into consideration the material collected during investigation.

In view of the dictum laid down in case of Choudhry Muhammad Ashraf Vs. The State reported in 2006 P Cr. L J 518, I set-aside the impugned order and remand the matter to Sessions Judge Badin with directions to entrust this matter to any other Magistrate to decide afresh keeping in view the material collected by the investigation.

This Criminal Misc. Application stands disposed of in above terms alongwith listed application.

                                  JUDGE

A.K.