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
>>>>>>>…<<<<<<<<
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