2019 PLP 1737 (YLR)
Mst. SEHAT KHATOON — Applicant Versus STATION HOUSE OFFICER, POLICE STATION, FAIZOO and 6 others — Respondents
| Citation | 2019 PLP 1737 (YLR) |
| Forum / Court | Sindh (Larkana Bench) |
| Bench Members | Irshad Ali Shah, J |
| Parties | Mst. SEHAT KHATOON — Applicant Versus STATION HOUSE OFFICER, POLICE STATION, FAIZOO and 6 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2019 PLP 1737 (YLR)?
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 1737 (YLR)?
The case was heard and decided by the Sindh (Larkana Bench) bench comprising: Irshad Ali Shah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2019 PLP 1737 (YLR) (Mst. SEHAT KHATOON — Applicant Versus STATION HOUSE OFFICER, POLICE STATION, FAIZOO and 6 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Imtiaz Ali Solangi, A.P.G. for Respondents.
Headnotes / Summary
S. 173
General Clauses Act (X of 1897), S. 24-A
Non-speaking order
Scope
Magistrate on the report of police passed order to the effect that "file"
Section 24-A, General Clauses Act, 1897 provided that any Authority, office or person making any order or issuing direction may give reason for making such order or direction
No reason was assigned by the Magistrate, by ordering the report of the police to be "filed"
Magistrate, while passing the order, had not complied with the direction contained in S. 24-A, General Clauses Act, 1897
Order passed by Magistrate was set aside with direction to pass the same afresh in detail after providing chance of hearing to all the concerned
Application was disposed of accordingly. Khalid Ahmed Buriro for Applicant.
Judgment & Decree
IRSHAD ALI SHAH, J.
It is stated by learned counsel for the applicant that in terms of order dated 08.03.2018, passed by learned 3rd Additional Sessions Judge/Ex-officio Justice of Peace, Shikarpur; the applicant appeared at P.P Faizu of Police Station Khanpur, for making her statement. It was recorded accordingly and then a report whereof in terms of Section 155, Cr.P.C. was furnished by incharge ASI P.P Faizu of Police Station Khanpur before learned Civil Judge and Judicial Magistrate, Khanpur, for further action in accordance with law. On such report of the police, according to him, the learned Civil Judge and Judicial Magistrate, Khanpur, passed an order dated 12.03.2018, to the effect that "file". Such order according to learned counsel for the applicant is now impugned before this Court by way of instant Crl.Misc.Application, which according to him is to be set aside by this Court, as it is non-speaking and has been passed without hearing to anyone. The learned A.P.G was fair enough to state that the impugned order is non-speaking. I have considered the above arguments and perused the record. Section 24-A of General Clauses Act relates to exercise of powers under enactment, 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". The bare perusal of above provision of law reveals that, any authority, office or person making any order or issuing direction may give reason for making such order or direction. No reason is assigned by the learned Civil Judge and Judicial Magistrate, Khanpur, by ordering the report of the police to be "filed". In that situation, it could be concluded safely that the compliance of direction contained by Section 24-A(2) of General Clauses Act, has not been made with by learned Civil Judge and Judicial Magistrate, Khanpur, while passing the impugned order, same as such could not be sustained, it is set-aside, with direction to learned Civil Judge and Judicial Magistrate, Khanpur, to pass the same afresh in detail, after providing chance of hearing to all the concerned. The instant Crl. Misc. Application is disposed of accordingly. SA/S-90/Sindh Case remanded.