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