Through this Constitutional petition, filed in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has made the following prayer:-- " ..Under the circumstances, it is therefore, most respectfully prayed that the impugned orders dated 14.11.2012 and 05.01.2013 passed by Respondent No, 1 may very kindly be declared as null and void, without lawful authority and of no legal effect. It is further prayed that Respondent No, 4 be directed to investigate the case impartially and submit his report under Section 173 of Cr.P.C. in the Court in accordance with law.
It is further prayed that till the final decision of instant petition, operation of impugned orders may graciously be suspended in the interest of justice.
Any other equitable, just and appropriate relief which this Honourable Court deems fit and appropriate in favour of the petitioner may also be awarded along with the costs of proceedings"
2. Learned counsel for the petitioner contends that the petitioner got lodged case bearing FIR No, 281/2012, dated 30.08.2012, offences under Sections 452, 337-A(ii), 337-L(ii), 337-F(v), 148, 149, PPC, with Police Station Rang Shah, District Pakpattan, against Respondents No, 5 to 9 but Respondents No, 2 and 3 in connivance with the accused persons prepared cancellation report. Further contends that the learned Magistrate without assigning any cogent reasons has agreed with the opinion of the police and accepted the cancellation report. Learned counsel for the petitioner argues that the order impugned is not a speaking order and no reason has been assigned while delivering the said order. It is also argued that sufficient material was available on the record to connect the respondents with the commission of the crime but the same has not been taken into consideration. It is lastly argued that the petitioner has been condemned unheard.
3. From perusal of the order impugned, it reveals that the learned Magistrate Section 30, Arifwala, vide order dated 14.11.2012, considered the report of Investigating Officer that the occurrence had not taken place but he has failed to assign any cogent reasons. The order impugned is not a speaking order, therefore, the same is liable to be set aside. Resultantly, this petition is allowed, the order impugned is set aside and the matter is remanded to Magistrate Section 30, Arifwala, to look into the matter independently and pass a fresh order in this regard after affording opportunity of hearing while assigning legal reasoning as per law.
Petition allowed.