ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-427 of 2021.

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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 orders on M.A.No.7561/2021 (E/A).

03. For orders on M.A.No.7562/2021 (S/A)

04. For hearing of main case.

04.02.2022

                        Mr. Zulfiqar Ali Channa, Advocate for the applicants.

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                        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 caused fire shot injury to PW Qadir Bux with intention to commit his murder and for causing lathi blows to baby Nemona; such FIR on investigation was recommended by the police to be cancelled under false “B” class; such recommendation was not accepted by learned 3^rd Civil Judge & Judicial Magistrate, Shikarpur, who took the cognizance of the incident/offence  vide order dated 06.11.2021, 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 cancelled under false “B” 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.

                        Heard 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 powers 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 cancellation of FIR of the private respondent under false “B” class, by accepting the plea of alibi of the applicants by disbelieving the version of the complainant party. By doing so, the police obviously has exercised the powers of the Courts, and it was beyond its prescribed mandate. In these circumstances, the learned trial Magistrate by taking cognizance of the incident/offence, obviously has committed no wrong which could be made right by this Court in exercise of its inherit jurisdiction. 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 in limine together with listed applications.

      JUDGE