Order Sheet.

 HIGH COURT OF SINDH, CIRCUIRT COURT HYDERABAD.

CR. MISC. A. NO.S-363 OF 2009.

Jameel Ahmed and others. . . .V. . . .Judicial Magistrate-I Mirpurkhas and others

Date              Order with signature of Judge

12.10.2009.

      1. FOR ORDERS ON MA NO.2502 OF 2009 (IF GRANTED).

2. FOR ORDERS ON OFFICE OBJECTION AND REPLY OF LEARNED COUNSEL.

3. FOR ORDERS ON MA NO.2503 OF 2009.

4. FOR KATCHA PESHI.

5. FOR ORDERS ON MA NO.2504 OF 2009.

      Mr. Riaz Ahmed Shaikh, Advocate for applicants.

Mr. Shahid Ahmed Shaikh, Assistant Prosecutor General.

. . . .

      The impugned order lacks the reasons and the same has been passed in a hasty manner without showing any justification in support thereof. No doubt, the Magistrate may agree or disagree with the police report, but he has to take into consideration the material collected during investigation.

     Learned Assistant Prosecutor General very frankly conceded that the impugned order is not a speaking one and lacks the reasons, further the complainant's version is supported by P.Ws as well as medical evidence also corroborates the same.

     For the foregoing, I set aside the impugned order dated 30.9.2009 passed by Civil Judge & Judicial Magistrate-I, Mirpurkhas. The Sessions Judge Mirpurkhas is directed to entrust the matter to any Judicial Magistrate having jurisdiction except Civil Judge & Judicial Magistrate-I, Mirpurkhas, to decide afresh through a speaking order in accordance with law.

     Criminal Miscellaneous Application is disposed of in the above terms.

                                                J U D G E