ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 795 of 2013

 

Date                         Oder with Signature of Hon’ble Judge

 

Priority case

1.     For hearing of main case

2.     For hearing of MA No.4559/2017 (S/A)

01.04.2019

Mr. Achar Khan Gabole Advocate for the Applicants

Mr. Aftab Ahmed Shar, Additional PG for the State

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Irshad Ali Shah, J;-  The facts in brief necessary for disposal of instant Criminal Miscellaneous Application are that the applicant and others were ordered to be booked in a criminal case for having confined relatives of the private respondent. On investigation, the case so registered at the instance of private respondent was recommended by the police to be disposed of under ‘B’ class, but such summary was not accepted by learned trial Magistrate vide his order dated 30.11.2013 which is impugned by the applicant before this Court by way of instant Criminal Miscellaneous Application u/s 561-A, Cr.P.C.

2.                    It is contended by learned counsel for the applicant that the very case on very fair investigation has been recommended by the police to be cancelled under ‘B’ class, such recommendation has not been accepted by learned trial Magistrate without lawful justification. By contending so, he sought for setting aside of the impugned order.

3.                    Learned Additional PG for the State has sought for dismissal of the instant Criminal Miscellaneous Application by supporting the impugned order.

4.                    I have considered the above arguments and perused the record.

5.                    If for the sake of arguments, it is believed that the applicant and others who happened to be police officials have actually detained the relatives of the applicant without lawful justification, then its constitutes the offence which is punishable u/s 220 PPC, which is non-cognizable in its nature. Whether a person who alleged to have committed a non‑cognizable offence could be prosecuted through an FIR? This aspect of the matter obviously has not been touched upon by learned trial Magistrate while taking cognizance of the case. In that situation, the impugned order could not be sustained, it is set-aside with direction to learned trial Magistrate to pass the same afresh after providing chance of hearing to all the concerned.

7.                    The instant Criminal Miscellaneous Application is disposed of in above terms along with listed application.

 

Judge

ARBROHI