ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Acquittal Appeal No.83 of 2025

DATE	ORDER WITH SIGNATUREs OF JUDGEs

1. For orders on M.A. No.6462/2025 (U/A)

2. For hearing of main case

------------------------------------------

12.05.2025

M/s Muhammad Nawaz Kubar & Kashif Ali Shah, advocates for appellant

Mr. Neel Parkash, D.P.G.

Mr. Noman Ali Phulpoto, advocate for respondent

------------------------------------

Applicant, who is complainant of FIR No.296/2024, registered at P.S. Boat Basin, Karachi for offence under section 489-F, PPC, has impugned the order dated 13.01.2025, whereby learned Civil Judge & Judicial Magistrate-IX, Karachi South has acquitted the respondent on his application under section 249-A, Cr.PC. Learned counsel for applicant/complainant submits that it is settled principle of law that the cases should normally be decided on merits rather than technicalities, whereas, learned trial Court without recording evidence of applicant/complainant acquitted the respondent.

On the other hand, learned counsel for respondent has recorded no objection to remand the case back to the trial Court for its disposal on merits. Learned D.P.G. has adopted the plea taken by learned counsel for respondent.

Since learned counsel for respondent as well as learned D.P.G. have recorded no objection to remand the case back to the trial Court for its disposal on merits, instant criminal acquittal appeal is allowed, impugned order dated 13.01.2025 passed under Section 249-A, Cr.PC is set aside and the case is remanded back to the trial Court for deciding the same on merits.

Instant criminal acquittal appeal is allowed in the above terms.

J U D G E

Gulsher/PS