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