SARFRAZ AHMAD KHAN Versus THE STATE

ORDER

1. The case against the applicants is pending under sections 408, 468, 471 and 477, P.P.C. in the Court of Additional City Magistrate XVIII South Karachi, F.I.R. of this case was registered on 9-12-1981 and challan was submitted in the Court of A.C.M. on 21-12-1982. An application under section 249-A , Cr.P.C. was moved in the trial Court on 15-10-1984, learned A.C.M . dismissed the application. Applicants being aggrieved with the order have filed this quashment application and also challenged the proceedings on the various grounds being illegal.

2. I have heard the learned counsel for the applicants and perused the impugned order. Additional City Magistrate in his order stated that two witnesses have been examined and defence counsel failed to produce certifies copies of the S.D.Ms.' order and report of police under section 169, Cr.P.C. He has also stated that report under section 173, Cr.P.C. should have been produced. He has not discussed in his order the merits of the case in detail. The order is not a speaking order, therefore, the same is set aside and Additional City Magistrate can consider an application under section 249-A, Cr.P.C. afresh, provided fresh application is made and relevant documents are produced. It is regretted to note that the case is of 1982 and five years have passed and Investigating Officer and other officers have not been examined. He may make all the efforts to complete the case as early as possible.

3. S.A./S-220/K Order accordingly.