ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-213 of 2021.

_______________________________________________________________________

DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

_______________________________________________________________________

For hearing of main case.

03.02.2022

                        Mr. Habibullah Ghouri, Advocate for the applicants.

                        Mr. Muhammad Aslam Mugheri, Advocate for private respondent.

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

                        =  *  = * = * = * = * =

                        The facts in brief necessary for disposal of instant Crl.Misc.Application are that an FIR was lodged against the applicants and others for having fired at the private respondent with intention to commit his murder and causing damage to his Car and motorcycle; such FIR on investigation was recommended by the police to be disposed of under “A” class; such recommendation was not accepted by learned Incharge Civil Judge & J.M-I, Larkana, who took the cognizance of the incident/offence  vide order dated 06.07.2021, which is impugned by the applicants before this Court by preferring the instant Crl.Misc.Application u/s.561-A Cr.PC.

                        It is contended by learned counsel for the applicants that there is long standing enmity between the applicants and the private respondent; the FIR so lodged by the private respondent was false and it was rightly recommended by the police to be disposed of under “A” class; such recommendation has not been accepted by learned trial Magistrate without lawful justification by way of impugned order; such order being illegal is liable to be set aside.

                        Learned Addl.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 recommendation of the police was based on dishonest investigation. In support of their contention, they have relied upon case of Syeda Afshan Vs. Syed Farukh Ali and 3 others           (PLD 2013 Sindh-423).

                        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 Courts and the Courts have ample power to agree or disagree with opinion of the police. In the instant case, the applicants are named in FIR and whatever is stated in FIR is finding support from ancillary evidence which is produced by the private respondent before the police. In that situation, the police was not justified to have recommended the disposal of FIR of the private respondent under “A” class, on the basis of statements of independent persons. The learned trial Magistrate by taking cognizance of the incident/offence on the basis of material brought before him obviously has committed no wrong which could be made right by this Court. If the applicants are having feeling that they are innocent, then they could prove their innocence adequately by joining trial.

                        In view of above, the instant Crl.Misc.Application fails and is dismissed accordingly.

      JUDGE