ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl. Revision Appln.No.S-03 of 2019.

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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 hearing of main case.

14.02.2022

                        Makhdoom Syed Tahir Abbas Shah, Advocate for the applicant.

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

 

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            The facts in brief necessary for disposal of the instant criminal revision application are that FIR was lodged with P.S Taluka, with accidental death of his son Irfan Ali at the hands of private respondents being police officials; it was challaned. The applicant being dissatisfied with investigation of the police filed a direct complaint of the incident before the Court with an allegation that it was an intentional murder of his son Irfan Ali; it was dismissed by learned 2nd Additional Sessions Judge, Larkana, vide order dated 11.10.2018, it is impugned by the applicant before this Court by preferring the instant criminal revision application.

            It is contended by learned counsel for the applicant that learned trial Court has dismissed the direct complaint of the applicant without lawful justification by way of impugned order; the same being illegal is liable to be set aside.

            None has appeared on behalf of private respondent. However, learned Addl.P.G for the State by supporting the impugned order has sought for dismissal of the instant criminal revision application by contending that the trial of State case is proceeding before learned trial Court.

I have considered the above arguments and perused the record.

 

 

            Nothing has been pointed out, which may justify making interference with the impugned order. However, it is observed that if State case is proceeding, then the applicant may make an application for amendment of the charge before learned trial Court on the basis of evidence, so produced by him. If such application is filed by the applicant, then the same would be disposed of by learned trial Court strictly in accordance with law.

            The instant criminal revision application is disposed of accordingly.

 

                                                                                                                               JUDGE