AFTAB AHMED GORAR, J.--Through this appeal, the appellant has assailed the legality and propriety of the Order dated 06.01.2018 passed by the learned XIIth Assistant Sessions Judge, Karachi-W est in Sessions Case No.2121 of 2017, arising out of Crime No.441 of 2016 registered at police station Peerabad, Karachi, under Section 324/34 P.P.C., whereby the learned trial Court, while deciding the application under Section 265-K Cr.P.C. filed by respondent No.1 Muhammad Tariq, acquitted two other accused persons i.e. respondents 2 and 3 under Section 265-K Cr .P.C.
2. The facts of the prosecution case need not to be reiterated here, as the same have been elaborately mentioned in the memo of instant appeal as well as in the impugned order .
3. Learned counsel for the appellant contended that the impugned order suffers from illegalities and irregularities and is not sustainable in law. Per learned Counsel, on 06.01.2018 when the impugned order was passed the matter was fixed for framing of the charg e and on the same day an application under Section 265-K Cr.P.C. was filed on behalf of accused Muhammad Tariq son of Ghulam Mehboob and the impugned order was passed in hasty manner by acquitting all the three accused persons, respondents 1 to 3 herein, without giving any opportunity of hearing to the appellant. Per learned Counsel, such conduct of the learned trial Court is in gross violation of the principles laid down by the Hon'ble Supreme Court of Pakistan therefore, on this ground, the order passed by the trial Court is liable to be set-aside.
4. Learned Counsel for respondents Nos.1 to 3 though supported the impugned order , but he has not able to controvert the above legal position.
5. Learned Deputy Prosecutor General, Sindh for the State has not supported the impugned order and submits that it has been passed in hurriedly and haste manner , which fact is crystal clear from the record."
6. I have considered the submissions advanced from both the sides and carefully perused the record. Before proceeding further it will be advantageous to reproduce the case diary of 06.01.2018:- Dated: 06.01.2018.
Case called. Accused Muhammad Tariq is produced from J/A. Counsel for the accused Muhammad Tariq is present. The DDPP is present. Accused Raza Elahi and Muhammad lqbal are present on sessions bail. Today matter was fixed for framing the charge. The counsel for the accused Muhammad Tariq moved the application under section 265-K Cr. P.C. The notice of the same was received by the learned DDPP for the State. Argument by accused side and by the DDPP for the State heard on it. Order passed on it. Accused Muhammad Tariq Raza Elahi and Muhammad Iqbal are acquitted under section 265-K Cr.P.C. Issue release writ for the accused Muhammad Tariq.
7. Perusal of the above case diary of the trial Court clearly reflects that the appellant was not afforded, any opportunity of hearing and impugned order has been passed in a slipshod and hasty manner thus, the appellant was condemned unheard which is contra ry to the principle of natural justice. The principle of 'autli alteram partem' i.e. a person cannot be condemned unheard is a time honoured principle. In case titled, "Malik Ifiikhar Ahmad v.
Ali Asghar and another" (PLD 1957 SC (AJ&K) 47, the august Supreme Court Azad Jammu and Kashmir has discussed the golden principles of natural justice in these words:- "It is not possible to give an exact definition of the principles of natural justice as the requirements of natural justice must depend on The circumstances of each case. However , some of the important principles of natural justice violation whereof have been considered by Courts to be sufficient grounds for quashing the decision are (i) that a man cannot be a judge in his own cause; (ii) that no party is to be condemned unheard: (iii) that the party must in good time know the precise case he is to meet; and (iv) that a party is entitled to know why a matter has been decided against him. If, in an action, any one of the principles enumerated above are not followed, that action must be struck down. The principle of 'audi alteram partem' i.e. a person cannot be condemned unheard is a time honoured principle. Therefore, where an order to the prejudice of a party is made without hearing him, as for instance, where the privilege granted to a person, is withdrawn without giving a show-cause notice, the order being bad in law, is to be ignored and struck down. Holy Qur'an well recognizes principle s of natural justice. Satan (Iblis) for his rebellious arrogance and jealous disobedience to Command of Allah to bow down to Adam punished only after being asked to explain his conduct. Holy Prophet (peace be upon him) call for explanation of Hatib before deciding his guilt. Rule of natural justice stems from Islamic Jurisprudence and to be complied with as a command like any other Quranic law ."
8. In view of the above, this appeal is partly allowed. The impugned order dated 06.01.2018, whereby the accused were acquitted, stands Set-aside and case is remanded back to trial Court for deciding the application under Section 265-IC Cr.P.C. by providing an opportunity of hearing to the appellant without influence of his early order .
Office is directed to send back the R&Ps of the case along with this judgment to the trial Court immediately for information and compliance. Since the matter pertains to year 2017, therefore, trial Court is directed not to grant any unnecessary adjournment to either side. Respondents I to 3 present in Court are directed to appear before the trial Court to face the trial and furnish requisite bail bond in the sum of Rs.50,000/- each with P.R. bond in the like amount to the satisfaction of tile trial Court. Compliance report be submitted to this Court through MIT -11.