IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Revision Appln.No.S-58 of 2018

Applicant                     :                   SIP Fida Hussain s/o Muhammad Mithal Langah

Through Mr. Mir Muhammad Bhagat, Advocate

State                               :                  Through Mr. Raja Imtiaz Ali Solangi, A.P.G

Date of hearing           :                 23.11.2018

Date of order  :                 23.11.2018

O R D E R

IRSHAD ALI SHAH, J.- The applicant by way of instant criminal revision application has impugned an order dated 16.08.2018, passed by learned 2^nd Additional Sessions Judge, Jacobabad, whereby the application of the applicant u/s 265-K Cr.PC, for his premature acquittal in case outcome of FIR Crime No.25/2017, offence punishable under section 223, 324 PPC of P.S Dodapur was dismissed.

2.                    The facts in brief necessary for disposal of instant criminal revision application are that accused Anwar Ali wanted in a murder case on arrest during course of investigation made his escape good from P.S Dodapur on account of negligent act of the applicant and others, for that the FIR of the present case was lodged by ASI Abdul Nabi with P.S Dodadpur on behalf of the State. On investigation, the applicant was found to be innocent, consequently, his name was placed in Column No.2 of the charge sheet. The applicant was joined in case as an accused by the learned trial Magistrate and case against him was then sent up to learned trial Court for its trial in accordance with law. At trial, the applicant sought for his premature acquittal by way of filing an application u/s 265-K Cr.PC, it was dismissed by way of impugned order, as stated above.

3.                    It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely, otherwise he was having nothing to do with the alleged incident. By contending so, he sought for reversal of the impugned order in shape of acquittal of the applicant.

4.                    Learned A.P.G has sought for dismissal of the instant criminal revision application by contending that the applicant being SHO of P.S Dodapur at the time of incident has to share the responsibility.

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

6.                    The name of the applicant is appearing in the FIR with specific allegation that he with rest of the culprits made escape of an absconding accused (Anwar Ali) in murder case negligently and then failed to apprehend him intentionally. In that situation, it would be pre-mature to say that the applicant being innocent has been involved in this case falsely. No doubt on investigation, the police extended favour to the applicant by placing his name in Column No.2 of the charge sheet but such opinion of police could not stand with learned trial Magistrate. The applicant was joined as an accused in the case. Such order of learned trial Magistrate the applicant has not impugned before any Court, which too has attained finality. The allegation against the applicant is one, which requires its adjudication on merits and the merits could only be achieved after recording of evidence. In these circumstances, the learned trial Court was right to decline pre-mature acquittal of the applicant by way of an application u/s 265-K Cr.PC by way of impugned order, which is not calling for any interference by this Court.

7.                    In view of above, the instant criminal revision application is dismissed accordingly.    

J U D G E

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