ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Misc.  Appln.  No.S-35  of 2022.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on M.A.No.592/2022.

2. For orders on office objection ‘A’.

3. For orders on M.A.No.593/2022.

4. For hearing of main case.

11.02.2022.

                   Mr. Ghulam Murtaza Jokhio, advocate for the applicants.

                                                -.-.-.-.-.-

                   The applicants by way of instant Crl.Misc.Application u/s.5612-A Cr.PC has impugned order dated 08.01.2022, passed by learned 1^st Judicial Magistrate, Ratodero, whereby he took cognizance of the offence/incident, outcome of FIR Crime No.158/2021, u/s.324, 114, 148, 149, 337-H(ii) PPC of P.S Ratodero, which was recommended by the police to be cancelled under false “B” class.         

                    It is contended by learned counsel for the applicants that the learned trial Magistrate has taken cognizance of the incident by way of impugned order without lawful justification, therefore, such order being illegal is liable to be set aside.

                   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 upon the Courts and the Courts have got ample powers to agree or disagree with the police report. The cognizance of the offence by way of impugned order has been taken by learned trial Magistrate by considering the material which was brought before the police by the private respondent during course of investigation. By doing so, the learned trial Magistrate has committed no wrong which could be made right by this Court by way of instant Crl.Misc.Application; it is dismissed in limine together with listed applications, advising the applicants to prove their innocence by joining the trial.

JUDGE