28-FEB-2026
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Cr.M.A called. All (4) accused/applicants are present. Their learned counsel called absent. DDPP for State is present. Complainant Khadim Hussain is present. Learned Civil Judge/JM-II, Ghotki sent additional comments, which are taken on record. Adjourned to 03.03.2026, for arguments. Honourable P.O is on leave. |
Hearing of Transfer Applications |
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DJ , Ghotki
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23-FEB-2026
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Cr.M.A called. All (4) accused/applicants are present with their learned counsel. Learned DDPP for State is present. Complainant Khadim Hussain is also in attendance. Learned counsel for applicants/accused has invited attention of this Court to the Judgment dated 02.2.2026 passed by learned appellate Court in appeal preferred by convict/accused Ghous Bux against Judgment dated 16.12.2025, whereby he was convicted and sentenced, while co-accused Imran Ali @ Imran, Muhammad Hussain and Rafiq Ahmed were acquitted of the charge. It is submitted that learned appellate Court set aside the impugned Judgment and remanded case to the learned trial Court for fresh decision only to the extent of accused Ghous Bux. It has further been pointd out that no appeal under 417 Cr.PC was filed by the complainant or State before the Honourable High Court against acquittal of above named co-accused and, therefore, their acquittal has attained finality. Perusal of trial Court diary, however, reveals that aforesaid acquitted accused have been summoned and joined in proceedings despite their acquittal having been disturbed by any superior forum. Prima facie, remand order appears to be confined to the case of accused Ghous Bux alone. In these circumstances, learned trial Court is directed to furnish detailed additional comments explaining under what legal authority and on what basis the aquitted accused have been summoned and proceeded against, particularly when their acquittal was neither set aside nor challenged under section 417 Cr.PC, and thus remains opreative and enforcable. Put up on receipt of additional comments. |
Hearing of Transfer Applications |
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DJ , Ghotki
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