' RAHMAT HUSSAIN JAFFERI, J.-The present application is directed against the order dated 10-3-1999 passed by the learned Presiding Officer, Special Court (Offences in Banks) Sindh, Karachi by which the report of the F.I.A. Authorities filed under section.173, Cr.P.C. In which a prayer was made for closing the case was accepted by the trial Court.
2. We have heard the parties' Advocates. D.A.-G. Is absent, yithout going into the merits of the case it is pointed out that under section 24A of General Clauses Act every authority or officer is required to assign reasons for passing an order when a statute authorizes him to pass any order or issue any direction. We have perused the impugned order and found that after giving the details of the case and opinion of the Investigating Officer the learned trial Judge observed as under:- "I am satisfied that the report of F.I.A. For closure of the case under section 173, Cr.P.C. Is justified and, therefore, accept the same."
3. Apart from the above paragraph no reason whatsoever has been assigned by the learned Judge to agree with the report of the police. Large number of witnesses were examined. Bank record was produced, therefore, it was incumbent upon learned Judge to have examined such statements, record and give some reasons concurring.
4. The matter is remanded to the trial Court for examining the statements of witnesses, record and pass appropriate order as deemed fit.
5. The application is allowed to the above extent. The respondents are on bail. They may continue to remain on bail till the trial Court passes an order within the meaning of section 173(3), Cr.P.C. The application is allowed in the above terras.