ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr.Misc.Appl.No.S-  466  of 2010

DATE                                     ORDER WITH SIGNATURE OF JUDGE

            For Katcha Peshi.

15.11.2010

Mr. Shabeer Hussain Memon, Advocate for applicant.

Mr. Shahid A. Shaikh, Assistant Prosecutor General a/w I.O/ASI Muhammad Amin Vighio.

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Through this Criminal Miscellaneous Application, applicant has impugned the order dated 29.7.2010 passed by Civil Judge & Judicial Magistrate-II, Dadu on the report U/s 173 Cr.P.C whereby he concurred with the police opinion whereby case was recommended for disposal under ‘C’ Class.

It is inter alia contended that impugned order is against the settled principles of law. Per leaned counsel, while passing the impugned order leaned Magistrate did not take into consideration the material collected during the investigation. It is urged with vehemence that FIR was lodged on very same day and PWs have also supported the version of the complainant.

Mr. Shahid A. Shaikh, learned A.P.G for the State very candidly conceded the above position and did not defend the impugned order.

Heard learned counsel for the parties and perused the record.

Upon perusal of impugned order, it appears that learned Magistrate did not take into consideration the material available on record. He also did not take pain to see the 161 Cr.P.C statements of PWs who have fully supported the case of prosecution.

For the foregoing reasons, Criminal Miscellaneous Application is allowed and impugned order is set aside. Matter is remanded back to the Sessions Judge, Dadu with direction to entrust the same to any Magistrate in his District except IInd Civil Judge & Judicial Magistrate, Dadu, who shall pass the order on the basis of material available on record.

JUDGE