ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-77 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on office objection “A”.

02. For hearing of M.A.No.1604/2020.

03. For hearing of main case.

31.01.2022

                        Mr. Athar Abbas Solangi, Advocate for the applicant.

                        Mr. Sarfraz Ahmed Abbasi, Advocate for private respondent.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH - J;- Facts in brief leading to passing of the instant order are that an FIR was lodged against the applicant and others by the private respondent for having killed Ghulam Murtaza @ Suhnal by causing him butt blows; such FIR on investigation was recommended by the police to be cancelled under “C” Class; such recommendation of the police was not accepted by learned trial Magistrate, who took the cognizance of the incident/offence vide order dated 31.04.2020, which is impugned by the applicant before this Court by way of filing the instant Crl.Misc.Application u/s. 561-A Cr.PC.

                        It is contended by learned counsel for the applicant that the FIR of the incident has been lodged with delay of two days; there is no postmortem report on the dead body of the deceased and on the basis of very honest investigation, the FIR was recommended by the police to be cancelled under “C” class, therefore, the impugned order taking cognizance of the incident/offence being illegal is liable to be set aside.

                        Learned A.P.G for the State and learned counsel for the private respondent by supporting the impugned order have sought for dismissal of the instant Crl.Misc.Application by contending that the applicant being police official has influenced the investigation.

                        I have considered the above arguments and perused the record.

                        It is settled by now that the opinion of the police has got no binding effect on the Court and the Court on the basis of material brought before it has to take the cognizance of the incident/offence. In the instant matter, the applicant is named in the FIR specifically and whatever is stated by the private respondent in his FIR, finds support from the ancillary evidence which he produced before the police during course of investigation. The merits of the case could not be discussed at this stage by this Court. In these circumstances, learned trial Magistrate by taking cognizance of the incident/offence has committed no wrong, which may justify this Court to make interference with it. If the applicant is having a feeling that he being innocent has been involved in the subject case falsely by the private respondent, then he could prove his innocence before learned trial Court adequately.

                        Consequent upon above discussion, the instant Crl.Misc.Application is dismissed.

      JUDGE