GUL MUHAMMAD KHAN, C.J.--- Mukhtar Ahmad, petitioner, lodged a complaint in Police Station 'B'
Division, Gujrat, on which a case was registered under Article 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and Article 3/4 of the Prohibition (Enforcement of Hadd)
Order, 1979, read with sections 506, 342, 332, 499 and 500, P.P.C. (F.I.R. No, 151, dated 21st of May, 1989). After investigation the matter was placed before a Magistrate with the recommendation of the Police to cancel the case. He passed the following order:- \ {{URDU TEXT}}
2. This order has been challenged by Mukhtar Ahmad mainly on the ground that the Magistrate has not applied his mind as to facts as brought on the record and was obliged to meet the request of the Police. The learned counsel for the accused attemptad to defend the order on the ground that it is in accord with the outcome the report of the judicial inquiry conducted by Mr. Saleem Iqbal, Additional Deputy Commissioner. He, however, concedes that the wording of the order is not appropriate and does not show that the learned Magistrate applied his own mind.
3. As the order of the nature can be passed only after scrutiny of the record before him the learned Magistrate acted unlawfully in noting as if he was obliged to pass an order in line with the request of the Police. We, therefore, Aet aside the impugned order and send this case back to the learned Sessions Judge, Gujrat, who shall entrust it to a Judicial Magistrate for the purpose of passing an order in accordance with the law. This petition shall stand disposed of accordingly.