ORDER SHEET

THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Crl.Misc.Application No.S-157 of 2018

Date	Order with signature of Judge

1. For orders on office objection “A”.

2. For hearing of case.

3. For hearing of M.A.No.307/2018 (S/A)

26.09.2018

Mr. Syed Tahir Abbas Shah, Advocate for the Applicants.

Mr. Sharafuddin Kanhar, A.P.G.

.-.-.-.-.-.-.-.-.-.-.-.-.

                        The applicants by way of instant application u/s.561-A Cr.PC has impugned order dated 09.04.2018, passed by learned Special Judge, Anti-Corruption (Provincial) Larkana, whereby he has taken the cognizance of the offence against the applicants on police report filed/submitted in FIR Crime No.02/2017, u/s.161, 205, 419, 420, 34 PPC, r/w Section 5 (2) of Anti Corruption Act, 1947 of P.S Anti Corruption Kashmore @ Kandhkot.

                        It is contended by learned counsel for the applicants that the learned trial Court has taken cognizance of the offence against the applicants on the basis of no evidence. By contending so, he sought for discharge of the applicants by setting aside of the impugned order, as same according to him is illegal.

                        Learned A.P.G has sought for dismissal of the instant application by contending that it is misconceived. In support of his arguments, he relied upon case of Director General Anti Corruption Lahore and others vs. Muhammad Akram Khan and others           (PLD 2013 SC0-401).

                        I have considered the above arguments and perused the record.

                        The applicants are named in the FIR of the present case. The cognizance of the offence against the applicants has been taken by the learned trial Court on the basis of evidence, which was collected against them by the police during course of investigation. Now the fate of the accused is to be determined at trial by learned trial Court itself. If the applicants are having a feeling that they have been involved in a false case then they have remedy to exhaust by making an application u/s.265-K Cr.PC for their premature acquittal before learned trial Court.

                        Based upon above discussion, it could be concluded safely that no illegality is committed by learned trial Court by taking cognizance of the offence against the applicants on police report, which could be made right by this Court by way of instant Criminal Misc.Applicatoin, it is dismissed accordingly.

JUDGE