1994 PCRLJ 1861

MUNEER KHAN Versus STATE

Citation1994 PCRLJ 1861

CourtLahore High Court

Judge(s)Rashid Aziz Khan

ResultPetition accepted

ORDER

The facts leading to filing of this petition are that petitioner Munir Khan was tried by Magistrate 1st Class, Khushab for an offence under section 457/380, P.P.C. At the conclusion of trial, vide judgment, dated 29-3-1993 the trial Court gave benefit of doubt and acquitted the petitioner. A revision was filed by complainant Malik Muhammad Yaqub challenging the acquittal. Learned Sessions Judge, Khushab vide judgment, dated 6-12-1993 accepted the revision and remanded the case to the Magistrate with a direction to write the judgment afresh. This direction was given solely on the ground that the judgment had not been written by the trial Court itself, but had been dictated by him.

2. It was contended by learned counsel for the petitioner that it was not incumbent upon the trial Court to write judgment itself; he could have dictated the judgment as was done in the instant case. Submits that the order passed by the learned Sessions Judge is against law. The proposition was conceded by the learned Assistant Advocate-General. However, learned counsel for the respondent had vehemently argued by stating that even otherwise, the judgment recorded by the learned Magistrate could not be sustained.

3. I have heard the learned counsel at length and gone through the file. A bare reading of section 367, Cr.P.C. clearly indicates that the trial Court is competent to dictate the judgment. He has to give a certificate to that effect and sign each page of the judgment. The learned trial Court while announcing the judgment did give a certificate that it was written on his dictation and he I went through the judgment and thereafter signed it. No exception to it can be taken. In these circumstances, the petition filed under section 561-A, Cr.P.C. is accepted and the order, dated 6-12-1993 of Sessions Judge, Khushab, whereby he remanded the case to the trial Court for re-writing the judgment, is set I aside. The case is sent back to the learned Sessions Judge, Khushab to decide it I on merits in accordance with law.

N.H.Q./M-1654/L Petition accepted.