ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. A. No.S-135 of 2017.

Date of hearing

Order with signature of Judge

1. For orders on office objections “A”

2. For hearing of main case.

10.10.2018

Mr. Irshad Hussain Dharejo, Advocate for the applicant.

                        Mr. Ali Nawaz Ghanghro, Advocate for proposed accused.

                        Mr.Raja Imtiaz Ali Solangi, A.P.G

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                        The applicant by way of instant Crl.Misc.Applicatoin   u/s.561-A Cr.PC, has impugned an order dated 30.06.2017, passed by leaned Session Judge/Ex-Officio Justice of Peace, Larkana, whereby his application u/s.22-A & 22-B Cr.PC for issuance of direction against SHO P.S, Naudero, to record his statement u/s.154 Cr.PC in respect of unnatural death of his son Sohail Ahmed was dismissed.

                        It is contended by learned counsel for the applicant the learned Sessions Judge/Ex-Officio Justice of Peace, Larkana, has dismissed the application of the applicant without lawful justification ignoring the fact that the offence alleged was cognizable in its’ nature and it was involving the incident relating to unnatural death of innocent person.

                        Learned counsel for the proposed accused and learned A.P.G have sought for dismissal of the instant application by contending that deceased Sohail Ahmed died of road accident and the applicant in order to satisfy his enmity with the proposed accused is attempting to involve them in a false case.

                        I have considered the above arguments and perused the record.

                        Deceased Sohail Ahmed as per report of medical board has died of unnatural death on account of sustaining blows with hard blunt substance. The allegation requires probe. In that situation, the learned Sessions Judge/Ex-Officio Justice of Peace, Larkana, ought not to have refused recording statement of the applicant u/s.154 Cr.PC by making irrelevant observation about the very merits of the case. In these circumstances, the impugned order could not be sustained, it is set aside. Consequently, SHO, P.S, Naudero, is directed to record statement of the applicant u/s.154 Cr.PC for further action in accordance with law. Needless to state that if the proposed accused are having a feeling that they are being involved in a criminal case falsely by the applicant then they may prove their innocence before the police by joining the investigation.

                        The instant Crl.Misc.Applicatoin is disposed of accordingly.

                                        JUDGE

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