FALAK SHER Versus ILLAQA MAGISTRATE

1. A case under section 302/337/148/149, P.P.C. was registered against the accused on the statement of the petitioner Falak Sher with Police Station Tandlianwala, District Faisalabad vide F.I.R. No.l/92, dated 2-1-1992. Despite service, the respondent No.4 has not appeared to contest these proceedings. He shall, accordingly, be proceeded against ex parte. After completing the investigation, the investigating Officer prepared a report and sent it to the learned Illaqa Magistrate for the discharge of the accused on 8-10-1992 for lack of evidence. Learned counsel contends forcefully that the learned Magistrate without applying his judicial mind to the facts and circumstances of this case accepted the recommendations of the police and discharged the accused on 20-10-1992. Through these proceedings, learned counsel has attacked the validity of the impugned order on the basis of rule laid down by the Honourable Supreme Court in Bahadur and another v. The State and another P L D 1985 SC 62. It is submitted that no reasons whatsoever were given by the learned Magistrate for discharging the accused. The impugned order, I on the face of it, is not speaking one and as such is not sustainable. Learned Law Officer frankly concedes that the learned Magistrate did not follow the law laid down by the Honourable Supreme Court in the aforesaid case. This being so, the impugned order is set aside by declaring it without lawful author and of no legal consequence. In the result, the case of the parties shall be deemed to be pending decision before the learner. Magistrate. He shall re-decide the matter in the light of the rule laid down in the Bahadur's case (supra). The petition accordingly succeeds and is allowed with no order as to costs.

2. N.H.Q./F-114/S Petition accepted,