ORDER SHEET
IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Cr. Misc. Appln. No. S- 1066 of 2018
For hearing of case
1.
For orders on office objection
2.
For hearing of main case
18.02.2019
Mr. Shafique
Ahmed Khan Leghari Advocate for Applicant
Mr. Aftab
Ahmed Shar, Additional Prosecutor General
PC-Shahnawaz
respondent No.1 in person
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Irshad Ali Shah,
J; The facts in brief necessary for disposal of instant
Criminal Miscellaneous Application are that the applicant sought for direction
from learned Ex-Officio Justice of Peace for recording of his FIR and then
lodged the same with P.S Kandhra,
the report wherein in terms of Section 173 Cr.P.C was
submitted by the police and learned trial Magistrate on 19.10.2018 passed order
thereon, inter-alia, to the following effect;
“I am not inclined to take cognizance of the offence against accused Shahnawaz Junejo and as a result
cognizance of the offence is taken against all other accused and charge sheet
is hereby accepted as there being sufficient evidence on record.”
2. The applicant being
aggrieved of the above said order of learned trial Magistrate has impugned the
same before this Court by way of instant Criminal Miscellaneous Application u/s
561-A Cr.P.C.
3. At the very outset, it is
stated by learned Additional PG that he would be having no objection, if
learned trial Court is directed to record the evidence of complainant and his
witnesses then on filing of an application u/s 193 Cr.P.C
join the proposed accused PC Shahnawaz in trial, in
accordance with law.
4. Learned counsel for the
applicant promptly accepted the above said proposal.
5. I have considered the above
arguments and perused the record.
6. In view of above, the
impugned order is set aside with direction to learned trial Court to examine the
applicant and his witnesses first and then to decide the issue of joining of PC
Shahnawaz as an accused in case, on filing of such application
by the applicant, in accordance with law, after providing chance of hearing to
all the concerned.
7. The
instant Criminal Miscellaneous Application is disposed of accordingly.
Judge
ARBROHI