IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

LARKANA

Crl. Appeal No. S- 91 of 2023.

Appellant:                               Ayaz Ahmed, through Mr. Mazhar Ali Bhutto, Advocate.

Respondent:                            The State, through Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

Date of hearing:                     22.03.2024.

Date of order:                         22.03.2024.

ORDER

Muhammad Saleem Jessar, J: Through instant appeal, appellant Ayaz Ahmed son of Sonharo Buriro has impugned the judgment dated 10.10.2023 passed by learned  Civil Judge and Judicial Magistrate-I, Kandhkot, in Criminal Case No. 80 of 2023, Re; State v. Ayaz Ahmed and others, arisen out of F.I.R No.193 of 2023 registered with P.S A-Section Kandhkot, for offence under Sections 392 P.P.C., whereby the appellant was convicted for offence under Section 392 P.P.C sentenced to undergo rigorous imprisonment for three years with fine of Rs.30,000/- and in case of non-payment to under S.I for one month more. 

            2.         This appeal was admitted for regular hearing on 06.11.2023, thereby notice was issued to learned Add. P.G., R&Ps were called and Paper Book was also directed to be prepared.

            3.         Before proceeding with the appeal, this Court vide Order dated 15.02.2024 called upon learned counsel for the appellant to satisfy the Court, as to jurisdiction of this Court, whether the appeal in hands would lie before this Court or before the Sessions Judge in terms of Section 408 Cr.P.C, as the sentence was passed by a Civil Judge/ Judicial Magistrate for three years.

            4.         Heard learned counsel for the appellant as well as learned D.P.G appearing for the State.

            5.         Learned counsel for the appellant, conceded that the appeal would lie before the Sessions Judge and not before this Court in view of provisions of Section 408 Cr.P.C. and that he had mistakenly filed the appeal before this Court. He, therefore, prays for return of the appeal and its sending to learned Sessions Judge concerned for disposal in accordance with law. Learned D.P.G. also concedes to above legal position and extends no objection for return of the appeal.

            6.         Accordingly, the office is directed to send this appeal along with its record (R&Ps), to the Sessions Judge, Kashmore @ Kandhkot, for disposal in accordance with law while treating it, as under Section 408 Cr.P.C.

                                                              Judge

Ansari