ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Appln. No. S- 45 of 2022

 

Date of hearing

Order with signature of Judge

 

1.      For orders on M.A.No.891/2022 (U/A).

2.      For orders on office objection-A.

3.      For  orders on M.A.N.892/2022 (E/A).

4.      For hearing of main case.

 

04.03.2022.

                        Mr.Abdul Faheem Thaheem, Advocate for the applicants.

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            The applicants has impugned order dated 23.01.2022, passed by learned Additional Sessions Judge/Ex-Officio Justice of Peace, Kashmore, whereby the SHO, P.S Kashmore was directed to record statement of private respondent and his witnesses and then to make its disposal in accordance with law.

            It is contended by learned counsel for the applicants that on the basis of impugned order, after recording statement of the private respondent and his witnesses, a report under section 173 Cr.PC has been submitted against the applicants before the Magistrate having jurisdiction, who now has issued non bailable warrants for arrest of the applicants; therefore; the impugned order being illegal is liable to be set aside.

            Heard arguments and perused the record.

            If the cognizance of the offence on submission of report by police under section 173 Cr.PC has been taken by the Magistrate having jurisdiction with issuance of non bailable warrants for arrest of the applicants, then the only remedy available with them would be, either to challenge the order, whereby the cognizance of the offence against them has been taken by the Magistrate having jurisdiction or to prove their innocence by joining the trial before learned trial Court. The impugned order, as is apparent, having been materialized could hardly be examined by this Court. No illegality even otherwise is pointed out in impugned order, which may justify this Court to make interference with it, by way of instant Crl.Misc.Application; it is dismissed in limine together with listed applications.

 

                                                                                                                    JUDGE