ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Misc. Appln.No.S-28 of 2022.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on M.A.No.559/2022.

2. For orders on office objection ‘A’.

3. For orders on M.A.No.560/2022.

4. For hearing of main case.

14.02.2022.

                        Mr. Ayaz Ahmed Faras, advocate for the applicant.

                                                            -.-.-.-.-.-

                        The facts in brief necessary for disposal of instant Crl.Misc.Application are that the applicant lodged FIR with P.S Bakhshapur, with allegation that the private respondents by committing trespass in her house have threatened her to be killed; consequent upon investigation, the charge sheet therein was submitted by the police; it was accepted by learned 2^nd Judicial Magistrate, Kashmore, vide order dated 16.11.2021, it is impugned by the applicant before this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC.

                        It is contended by learned counsel for the applicant that the private respondents by committing trespass into house of the applicant have attempted to commit her murder by declaring her to be “Kari”; therefore, learned trial Magistrate ought to have inserted such penal sections in charge sheet while taking cognizance of the offence, ignoring the police opinion which is based on dishonest investigation. By contending so, he sought for setting aside of the impugned order.

                        I have considered the above arguments and perused the record.

                        If the applicant is having a feeling that the opinion of police is based on dishonest investigation, then subject to law she may file a direct complaint of the incident or alternately prove the applicability of certain penal sections at trial by examining her and her witnesses. The cognizance of the offence/incident is to be taken by the Court on the basis of material brought on record and not on the basis of opinion of an individual or to say at the instance of applicant. The impugned order is not found illegal to be interfered with by this Court by way of instant Crl.Misc.Application; it is dismissed in limine together with listed applications.

   JUDGE