ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Misc. Application No.S-229 of 2021.

1. For Orders on MA No. 2012/2021.

2. For Orders on office objection.

3. For Orders on MA No. 2013/2021.

4. For hearing of main case.

5. For Orders on MA No. 2014/2021.

08-04-2021.

Mr. Mujahid Hussain Phulpoto, advocate for the applicant.

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1. Granted.

2. Over ruled.

3. Granted.

4. It is contended by learned counsel for the applicant that an FIR for an offence u/s 489-F PPC for issuing a cheque dishonestly was lodged by the private respondent with PS B-Section Khairpur, same on proper investigation was recommended by the police to be cancelled under “B” class, such recommendation has not been accepted by learned Magistrate, who has taken the cognizance of the offence thereby directing the police to submit the charge sheet vide his order dated 02-04-2021, such order being illegal is liable to be set-aside by this Court in exercise of its inherent jurisdiction u/s 561-A Cr.P.C.

5. I have considered the above arguments and perused the record.

6. It is settled by now that the opinion of the police has got no binding effect on the Courts. The Courts have to apply its independent mind while taking the cognizance of the case or otherwise. Learned trial Magistrate, on the basis of material brought before him has taken the cognizance of the incident, well within his wisdom by way of impugned order, which is not found to be illegal to be interfered with by this Court in exercise of its inherent jurisdiction, only for the reason that it has been passed against the applicant. If the applicant is having a feeling that he being innocent has been involved in above case falsely by the private respondents, then he could prove his innocence by joining the trial.

7. In case of Muhammad Akbar Vs. The State (1972 SCMR 335) it has been held by Hon’ble Apex Court that;

“ Even on the first report alleged to have submitted u/s 173 Cr.P.C, the Magistrate, irrespective of the opinion of the investigating officer to the contrary, take cognizance, if upon the material before him, he found that a prima-facie case was made out against the accused person. After all the police is not the final arbiter of a complaint lodged with it. It is the Court that finally determine upon the police report whether it should take cognizance or not in accordance with the provision of section 190 (i) (b) Code of the Criminal Procedure.

In view of above, the instant Crl. Misc. Application being misconceived is dismissed in limine together with pending application, if any.

Judge

Nasim/Steno