MUHAMMAD NAWAZ Versus VIII CIVIL JUDGE AND JUDICIAL MAGISTRATE, HYDERABAD

ORDER

OMAR SIAL, J .---Muhammad Nawaz, the applicant, has impugned an order dated 10.03.2020 passed by the learned 8th Civil Judge and Judicial Magistrate, Hyderabad.

2. The background to the case is that an FIR 13 of 2020 was registered under sections 337-A(i), 337-F(i), 337-U, 504, 147 and 148, P.P.C. After investigation, when the challan was submitted it included section a further charge under section 324, P.P.C. The learned Magistrate was not convinced that the evidence collected made out under section 324, P.P.C. He was informed by the investigating officer that according to his investigation 324, P.P.C. was not made out but that he was told by the learned DPP to include it. The learned Magistrate ordered that the charge under section 324, P.P.C. be deleted and took cognizance of the other offences. The applicant is aggrieved with this order of the learned Magistrate and has argued that the learned Magistrate was not empowered to order deletion of the section.

3. I have heard the learned counsel for the applicant as well as the learned Assistant Prosecutor General, Sindh as well as the learned counsel for the private respondents.

4. The progress report from the learned trial court dated 10.09.2020 reflects that the final arguments in the matter are complete. As such, the learned trial court is directed that after it has evaluated the evidence that has been produced before it, it may examine whether an offence under section 324, P.P.C. is made out or not and proceed further in accordance with law.

5. The application stands disposed of with the above observations.

SA/M-27/Sindh Order accordingly.