ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 139 of 2017

 

Date                         Oder with Signature of Hon’ble Judge

 

Priority case

1.     For hearing of main case

2.     For hearing of MA No.946/2017 (S/A)

 

01.04.2019

Mr. Mehfooz Ahmed Awan Advocate for the Applicants

Mr. Shafi Muhammad Mahar, DPG for the State

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Irshad Ali Shah, J;- The applicants by way of instant Criminal Miscellaneous Application under Section 561-A, Cr.P.C have impugned order dated 09.01.2017 passed by learned 2nd Civil Judge and Judicial Magistrate Mirpur Mathelo, whereby police report for cancellation of FIR Crime No.145/2016 u/s 506/2 & 489-F PPC of Police Station Mirpur Mathelo under ‘C’ class was declined and cognizance of the offence was taken.

3.                    It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the private respondent, the case on very fair investigation was recommended by the police to be disposed of under ‘C’ class and learned trial Magistrate has taken the cognizance of the offence without lawful justification. By contending so, he sought for setting aside of the impugned order.

4.                    Learned DPG for the State has sought for dismissal of the instant Criminal Miscellaneous Application by supporting the impugned order.

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

6.                    The allegation which is levelled by the private respondent against the applicants is well narrated in the FIR of the present case, which his supported by his witnesses. In that situation, learned Magistrate was well within his right to have taken the cognizance of the offence, by way of impugned order, same could not be said to be illegal only for the reason that it is affecting the applicants. If the applicants are having a feeling that they are innocent then they may prove their innocence by joining the trial, if so is advised to them.

7.                    Subject to above discussion, the instant Criminal Miscellaneous Application is dismissed along with listed application.

 

Judge

 

ARBROHI