ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Appeal No. S-90 of 2023

Date of hearing

Order with signature of Judge

For hearing of main case.

12.03.2025.

Mr. Abdul Rehman Bhutto, Advocate for the Appellants a/w appellants.

Mr. Nazir Ahmed Bhangwar, DPG for the State.

J U D G M E N T

Khalid Hussain Shahani-J:- The appellants Naseer, Jamal, Imran, Shaban, and Peer Bux, being aggrieved by and dissatisfied with the judgment dated 25.10.2023, rendered by the learned Additional Sessions Judge, Kashmore, in Sessions Case No.138/2022 (The State v. Naseer & others), emanating out of Crime No.12/2022, offence u/s 337-U, 147, 148, and 149 PPC of PS Guddu, have preferred the instant appeal.

02. By virtue of the impugned judgment, the learned trial court convicted the appellants under Section 148 read with Section 149 PPC and sentenced them to rigorous imprisonment for one year, coupled with a fine of Rs.5,000/- each. In case of default in payment of the fine, the appellants were directed to undergo simple imprisonment for an additional period of one week. Additionally, the appellants were convicted under Section 337-U PPC and directed to pay Arsh, amounting to one-twentieth of Diyat, to the complainant. In the event of non-payment, they were to remain in custody until the fulfillment of such payment. The benefit of Section 382-B Cr.P.C was extended to them.

03. Mr. Bhutto, before addressing the merits of the case, directed the Court’s attention to the formal charge framed by the learned Additional Sessions Judge, Kashmore. He contended that the trial was conducted beyond the competent jurisdiction, as all the offences included in the charge are exclusively triable by a Magistrate. Consequently, he submitted that the case should be remanded to the appropriate court for a de novo trial.

04. The learned Deputy Prosecutor General for the State, after due consideration of the arguments advanced by the learned counsel for the appellants, raised no objection to remanding the case to the court having proper jurisdiction.

05. In light of the arguments presented by the learned counsel for the appellants and the absence of any objection from the learned Deputy Prosecutor General, the case is hereby remanded to the learned Sessions Judge, Kashmore, with directions to reassign the matter to the appropriate Magisterial Court for adjudication in accordance with the law.

06. Consequently, the appeal is disposed of in the aforementioned terms.

J U D G E

S.Ashfaq/PS