' Through this Constitutional petition the petitioner has called in question the order, dated 23-10- 1998 whereby the learned Magistrate, had discharged the accused in a case registered vide F.I.R.
No,132 of 1998, dated 27-6-1998, under sections 395, 397, 450, 337-A(iii), and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at Police Station Kot Samaba, District Rahimyar Khan.
2. Perusal of the file shows that the learned Magistrate had not applied his mind. He has simply endorsed the finding of the Investigating Officer. It has been repeatedly held and observed by the apex Court that the orders west be speaking ones to show that the learned Magistrate has acted in a judicious manner. Unluckily the impugned order suffers from patent illegality in this context. In this view of the matter, the order, dated 23-10-1998 is hereby declared as having been passed without lawful authority and the police shall again place the matter before a competent Court.