' ABDUL RASHEED KALWAR, J.--The applicant had approached this Court being aggrieved by the order of Judicial Magistrate-X, Hyderabad, dated 27-6-2007, which reads as under: "Agreed with recommendation of S.P. Investigation for A Class."
2. This order has been passed on the final report submitted by Investigating Officer in Crime No,02 of 2007 under sections 457, 380 P.P.C. And 14 Offences Against Property (Enforcement of Hudood)
Ordinance, 1979. The Investigating Officer in his report had stated that compromise had been entered into between the complainant and accused party through their "Murshid" and on that basis the case was recommended to be disposed of in class 13', however, Superintendent of Police (Investigation) Hyderabad had not concurred with the report of his subordinate, yet, ordered for disposal of case, under class 'A'. Acting on such order a report under section 173 Cr.P.C. Was submitted before the Magistrate. The learned Magistrate without having recourse to the material available with police passed impugned order.
3. Learned Advocate for the applicant states that the impugned order is not speaking one and no reason has been assigned for accepting the report of police under section 173, Cr.P.C. As per him, the offences under sections 357, 380 P.P.C. And 14 Offences Against Property (Enforcement of Hudood) Ordinance, 1979 are non-compoundable. He further says that the complainant party along with his witnesses had been approaching from pillar to post before the police, but they have not been examined under section 161 Cr.P.C. The Investigation Branch of Police in order to favour the accused party had totally failed to investigate the matter properly and bring on record the version of the complainant party.
4. Learned Assistant A.G. Has supported the order saying that one M.P.A and Murshid had got the dispute resolved and no useful purpose will be served by getting the case challaned.
5. Heard learned Advocate for the applicant, learned Assistant A.G and perused the material available before me.
6. It is a fact that sections 457, 380 P.P.C. And section 14 Offences Against Property (Enforcement of Hudood) Ordinance, 1979 are non-compoundable. The Magistrate has to apply his judicious mind while passing such order, which is conspicuously lacking in the impugned order. It is not the is dixit of the police to decide about the fate of a criminal case. The impugned order is not speaking one, therefore, no justification is found from the text of impugned order.
7. In view of the above, I set aside the impugned order and remand back case to the Court of Judicial Magistrate-X, Hyderabad with the direction to pass proper, legal and speaking order afresh after affording an opportunity of being heard to the applicant/complainant, his witnesses and P.I appearing on behalf of the State.
' Criminal Miscellaneous Application stands disposed of in the above terms.