ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 169 of 2017

Date Oder with Signature of Hon’ble Judge

For hearing of main case

01.04.2019

Mr. Imtiaz Ali Abbasi, Advocate for the Applicant No.1

Mr. Shafi Muhammad Mahar, DPG for the State

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Irshad Ali Shah, J;- The facts in brief necessary for disposal of instant Criminal Miscellaneous Application are that the private respondent by making an application u/s 22-A and B Cr.P.C, sought for direction for recording his FIR, it was issued accordingly by learned V‑Additional Sessions Judge/Ex-Officio Justice of Peace Sukkur vide his order dated 21.05.2016, the applicants being aggrieved of it have impugned the same before this Court by way of instant Criminal Miscellaneous application u/s 561-A Cr.P.C.

2. It is apparent of the record that the report so furnished by the SHO P.S Sangi has not been considered by learned V-Additional Sessions Judge/Ex-Officio Justice of Peace Sukkur while passing the impugned order.

3. Learned DPG for the State when confronted with the above position, was fair enough to consent for remand of the matter to learned Additional Sessions Judge/Ex-officio Justice of Peace Sukkur for passing afresh order by providing chance of hearing to all the concerned and considering the material available on record.

4. In view of above, the impugned order is set aside with direction to learned V-Additional Sessions Judge/Ex-officio Justice of Peace Sukkur to pass the same afresh after providing chance of hearing to all the concerned and considering the material available on record.

5. The instant Criminal Miscellaneous Application is disposed of in the above terms.

Judge

ARBROHI