Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 2094. In this matter between Criminal Miscelleneous 727/2025 (S.B.) Sindh High Court, Karachi - GUL ZADA S/O SHAH BAHADUR (Applicant) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Criminal Miscelleneous 727/2025 (S.B.) Sindh High Court, Karachi CITATION: 2025 SHC KHI 2094 PARTIES: GUL ZADA S/O SHAH BAHADUR (Applicant) ORDER DATE: 22-AUG-25 BENCH: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) A.F.R: Yes ------------------------------------------------------------ Order Sheet IN THE HIGH COURT OF SINDH AT KARACHI Cr. Misc. Appln No.727 of 2025

Date Order with Signature of Judge

Fresh Case 1. For order on MA No.11659/2025. 2. For order on office objection a/w reply at Flag A. 3. For order on MA No.11531/2025. 4. For hearing of main case.

22.08.2025

Malik Naeem Iqbal, Advocate for the applicant. Ms. Amna Ansari, Addl. PG Sindh.

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1. Urgency granted.

2. Office objection is overruled.

3. Exemption is granted subject to all just exceptions.

4. This criminal miscellaneous application has been filed by applicant Gul Zada impugning the order dated 13.08.2025 passed by learned Additional District & Session s Judge-III Karachi Malir / Ex -Officio Justice of Peace in Cr. Petition No.2948 of 2025 filed by the applicant . Counsel submits that although the applicant had appeared in Court on 13 .08.2025 but due to pressure from members of the bar numbering around 50 – 60 advocates, he had to leave the Courtroom for safety. T hereafter when the matter was called, he could not be present, and the impugned order was passed. He contends that this was the second hearing of the case whereas notices had been issued on the first date. There is no reason articulated in the impugned order as agitated by counsel and available in Ground “G” of this application . Clearly, the applicant has not been heard. Therefore, t he matter is remanded to the Ex -Officio Justice of Peace to decide the case afresh in accordance with law articulating reasons and ensuring due process and hearing of the parties and in case of a hostile environment deal with the matter tactfully, and thereafter, if need be, the officer may record such event in the diary, if the circumstances require such recording.

Office to send a copy of this order to the concerned Court.

The miscellaneous application is dismissed for the above reasons.

J U D G E

Asif

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