1. ' A complaint under section 15 of Islami Tazeerati Act read with sections 147/148, 323/504, 506/447 was brought in the Tehsil Criminal Court, Pullandri by the petitioner-complainant. After recording the statement of complainant, two witnesses namely, Muhammad Irshad and Muhammad Nasim were examined as cursory witnesses. After doing so, it was ordered by the trial Court that a medical report concerning the injuries on the person of the complainant and copy of first information report lodged at the police station should be produced by the complainant. The complainant applied to the Court for summoning of the documents from the police but the trial Court without summoning the medical report and the first information report from the police dismissed the complaint as if it was in default of an order made by the trial Court that no documents were produced by the complainant as ordered. The documents were to be sent by the Court accordingly. And it was again without discussion of the evidence led by the complainant inclusive of his statement that complaint was dismissed. The impugned order was improperly made by the trial Court without application of its mind. Again, I see that statement of there complainant as well as the statements of his witnesses were recorded by the Magistrate alone and do not bear the signatures of the Tehsil Qazi. The absencr of the signatures of the Qazi from over the aforesaid statements shows that statements were recorded by the Magistrate without jurisdiction as it was done by him alone excluding the Tehsil Qazi who while sitting with the Magistrat constitutes a valid Court. That being so, this revision petition is accepted for the reasons above and the impugned order is set aside.
2. The complaint is sent back to the trial Court to take its cognizance according to law. The complainant is directed to appear before Tehsil Criminal Court, Pullandri on 30-6-1982.