ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Appln. No. S-240 of 2020

Date	Order with signature of Judge

 

1.                        For orders on M.A.No.3645/2020

2.                        For orders on office objection.

3.                        For orders on M.A.No.3646/2020

4.                        For orders on M.A.No.3647/2020

5.                        For hearing of main case.

 

09-09-2020

Mr. Muhammad Afzal Jagirani, Advocate for the applicant.

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

                        The facts in brief necessary for disposal of instant Crl.Misc.Application are that an FIR was lodged by complainant Mehboob Ali with P.S, Haji Khan Shar, District Kashmore @ Kandhkot, alleging therein that the applicant and others, in order to satisfy their dispute with his son Rahib, on settlement of account, after committing his death, have throwing his dead body in Indus River in order to save themselves from legal consequences. On investigation, such FIR was recommended by the police to be cancelled under “C” class by submitting such report. It was not accepted by learned Civil Judge & J.M-II, Kashmore, with direction to D.I.G.P, Larkana, to depute an honest officer to conduct further investigation of the case, vide his order dated 05.06.2020, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application.

                        On being asked, what kind of illegality has been committed by learned Magistrate while passing the impugned order? It was stated by learned counsel for the applicant that the applicant being innocent has been involved in false case by the complainant and learned Magistrate ought to have accepted the police report, which was based on honest investigation and there was no need for further investigation of the case through any other police officer. 

                        I have considered the above arguments and perused the record.

                        The name of the applicant is appearing in the FIR with specific allegation that he with rest of the culprits, in prosecution of their common object, committed death of Rahib, in order to satisfy their dispute with him over settlement of account. The complainant obviously is supported by his witnesses. In that situation, the recommendation by the police for cancellation of very case under cancel “C” class obviously on the basis of incomplete investigation was hardly justified. The learned Magistrate while ordering further investigation apparently has committed no wrong which could be made right by this Court by way of instant Crl.Misc.Application under section 561-A Cr.PC. It is dismissed in limine alongwith listed applications.

                                                                                                                 J U D G E