2019 PLP 1908 (MLD)
Mst. GULSHAD — Applicant Versus MANSOOR QAIM and another — Respondents
| Citation | 2019 PLP 1908 (MLD) |
| Forum / Court | Sindh (Sukkur Bench) |
| Bench Members | N/A |
| Parties | Mst. GULSHAD — Applicant Versus MANSOOR QAIM and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2019 PLP 1908 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2019 PLP 1908 (MLD)?
The case was heard and decided by the Sindh (Sukkur Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2019 PLP 1908 (MLD) (Mst. GULSHAD — Applicant Versus MANSOOR QAIM and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Manzoor Hussain Lashari for Respondent No.1
Headnotes / Summary
S. 528
General Clauses Act (X of 1897), S. 24-A
Sessions Judge may withdraw cases from Assistant Sessions Judge
Non-speaking order
Reasons for decision
Scope
Petitioner assailed order of Sessions Judge whereby he had transferred the case to another District
No reason was assigned by Sessions Judge for ordering transfer of the case from one to another District, which was against the spirit of S. 24-A, General Clauses Act, 1897
High Court set aside the order with the direction to the Sessions Judge to pass the order afresh, in detail, explaining the reasons for transferring the case from one to another court, after providing chance of hearing to all the concerned
Revision application was disposed of accordingly. [p. 1909] A & B
Judgment & Decree
IRSHAD ALI SHAH, J.
The applicant by way of instant Criminal Revision application has impugned order dated 07.08.2018 passed by learned Sessions Judge Khairpur, whereby direct complaint No.82/2017 "titled Mst. Gulshad v. Dr. Nasrullah and others" pending on the file of learned Additional Sessions Judge IV Khairpur, has been transferred to the file of learned Additional Sessions Judge Mirwah.
2. It is contended by learned counsel for the applicant that the impugned order being non-speaking has been passed without hearing to all the concerned. By contending so, he sought for setting aside of the same.
3. Learned DPG for the State was fair enough to state that the impugned order is not containing the reasons while learned counsel for the private respondent has sought for dismissal of the instant Criminal Revision Application by contending that no harm would be caused, if the case is allowed to proceed before the Court of learned Additional Sessions Judge Mirwah.
4. I have considered the above arguments and perused the record.
5. The impugned order reads as follows; "Heard learned counsel for applicant, respondent Gulshad in person, perused the entire material available on record and also perused the comments called from the court of learned Additional Sessions Judge-IV Khairpur. The transfer application is hereby allowed. Criminal Complaint No.82/2017 re. Dr. Mst. Gulshad v. Dr. Nasrullah and others filed under sections 3 and 4 of Illegal Dispossession Act is withdrawn from the file of the Court of learned Additional Sessions Judge-IV Khairpur and transferred to the Court of learned Additional Sessions Judge Mirwah for disposal according to law."
6. The bare perusal of the above order reveals that no reason is assigned by learned Sessions Judge Khairpur for ordering transfer of the case from one to other Court, which is against the spirit of Section 24-A of the General Clauses Act, Subsection (2) whereof reads as below; "(2) The authority, office or person making any order of issuing any direction under the powers conferred by or under any enactment shall, so far as necessary or appropriate, give reasons for making the order or, as the case may be, for issuing the direction and shall provide a copy of the order or, as the case may be, the direction to the person affected prejudicially".
7. For what has been discussed above, the impugned order is set aside with direction to learned Sessions Judge Khairpur to pass the same afresh in detail explaining the reason for making transfer of the case from one to other Court, after providing chance of hearing to all the concerned.
8. The instant Criminal Revision Application is disposed of accordingly along with listed application. SA/G-28/Sindh Case remanded.