ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

       Crl. Misc. Appln. No.S-172  of   2009.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

30.12.2009.

FOR KATCHA PESHI.

Applicant is present in person.

Mr. Naimatullah Bhurgri, State Counsel, alongwith ASI Nasrullah of PS Tajodero, I.O. of the case.

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

                        The investigating officer ASI Nasrullah is present and stated that he did not record the statements of P.Ws.  At this juncture, learned Counsel for respondents very frankly conceded the above position.

                        In view of above, the impugned order, dated 19.5.2009, passed by the learned 1^st Civil Judge & Judicial Magistrate, Garhi Yasin, is set aside and the I.O. is directed to record the statements of P.Ws and submit the fresh report on the basis of material collected during investigation and the Magistrate shall pass fresh order on the fresh report of investigating officer. 

                        This Criminal Miscellaneous Application stands disposed of.

                                                                                                                        JUDGE