ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD
Cr.Misc.Appl.No.S- 483 of 2010
DATE ORDER WITH SIGNATURE OF JUDGE
For Katcha Peshi.
11.11.2010
Syed Javed I. Bukhari, Advocate for applicant.
Mr. Shahid Ahmed Shaikh, A.P.G for the State.
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Through this Criminal Miscellaneous Application, the applicant has impugned the order dated 16.9.2010 passed by IInd Civil Judge & Judicial Magistrate, Dadu on final report submitted by I.O whereby he recommended the disposal of the case under āCā Class and learned Magistrate concurred with the same.
It is inter alia contended that impugned order has been passed without taking into consideration the material available on record. Per learned counsel, the Magistrate did not look into the material collected by I.O but he passed the impugned order in haste and mechanical manner. It is urged with vehemence that PWs have supported the contents of FIR which is further corroborated by medical evidence.
Learned A.P.G for the State did not controvert the contentions raised by learned counsel for the applicant.
Heard learned counsel for the parties and perused the record.
Admittedly, the PWs have fully supported the version of complainant and medical evidence also supports the ocular version. Upon perusal of impugned order, it appears that learned Magistrate did not take into consideration the material collected during investigation and passed the impugned order, keeping in view the old enmity and previous litigation between the parties whereas he was required to pass the order on the basis of material collected during investigation.
For the foregoing reasons, I am of the considered view that impugned order is liable to be set aside. Consequently, this Criminal Miscellaneous Application is allowed and the impugned order is set aside. However, the matter is remanded back to the Sessions Judge, Dadu with direction that the matter be entrusted to any Judicial Magistrate except IInd Civil Judge & Judicial Magistrate, Dadu, to decide a fresh after taking into consideration material collected during investigation.
The Criminal Miscellaneous Application stands disposed of.
JUDGE
Tufail