ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Misc. Appln.  No:  277 of 2010.

Date                          Order with signature of judge.

For Katcha Peshi.

06.11.2012.

Mr. Ali Nawaz Ghanghro, advocate for the applicant.

Mr. Ali Asghar Brohi, advocate for the respondents.

Mr. Naimatullah Bhurgri, State Counsel.

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                        Mr. Ali Nawaz Ghanghro, learned counsel for the applicant Samandar Ghanghro submits that summary order has been passed by learned Civil Judge & Judicial Magistrate-II, Ratodero without  hearing to the complainant and agreed with the report of the investigating officer in Crime NO.131 of 2010 registered at P.S Ratodero for offences U/S 324, 114, 148, 149, 337-A(ii), 504 PPC in mechanically.   He has submitted  that  this is injury case.    

            Learned State Counsel after going through the record submitted that complainant has not been heard by concerned Civil Judge & Judicial Magistrate while passing the impugned order.

             Mr. Ali Asghar Brohi appearing on behalf of respondents  also admitted that complainant was not heard at the time of passing of impugned order.

              It is requirement of the law that  before passing an the orders, Magistrate  was supposed to hear both  the parties but admittedly complainant has not been heard.  Therefore, order dated 07.08.2010 is set aside.  Matter is remanded to Civil Judge & Judicial Magistrate-II, Ratodero with direction to hear the complainant so also the accused and pass  the appropriate orders by speaking order.    Cr. Misc. Application stands disposed of accordingly. 

JUDGE