ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Misc. Appln. No.S-201   of   2019

Date of Hearing

ORDER WITH SIGNATURE OF JUDGE

 10.02.2022.

1. For orders on office objection.

2. For hearing of Main Case.

Mr. Ali Bux Mashori, advocate for the applicant.

Mr. Safdar Ali Ghouri, Advocate for private respondents.

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

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                   Facts in brief necessary for disposal of instant Crl.Misc.Application u/s.561-A Cr.PC are that an FIR Crime No.10/2018 was lodged by the applicant with regard to abduction of his son Sajjad Ali, for offence punishable under section 363, 34 PPC with P.S Market, Larkana; the charge sheet wherein after due investigation was submitted by the police for offence punishable 302, 201, 364-B, 34 PPC; the cognizance whereof was taken by learned Incharge 2^nd Judicial Magistrate, Larkana, vide order dated 04.09.2019, which is impugned by the applicant before this Court to be set aside being illegal, with direction to police to conduct further investigation of his case.

                   It is contended by learned counsel for the applicant that the abductee is still alive and the police has submitted the charge sheet of the case on the basis of dishonest investigation. By contending so, he sought for setting aside of impugned order with direction to police to conduct further investigation of the case.

                   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.

                   I have considered the above arguments and perused the record.

                   After cognizance, the case was sent up by learned trial Magistrate to the Court of Sessions; it is now pending there. Four years have lapsed, therefore, ordering re-investigation of the case after declaring the impugned order to be illegal would be somewhat unjustified. If the applicant is having a feeling that his son is still alive and the police has submitted charge sheet of the case, on the basis of dishonest investigation, then subject to law, he can file a direct complaint of the incident before the Court having jurisdiction.

                   The instant Crl.Misc.Application is disposed of accordingly.

                        JUDGE