ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Misc. Application No. S-323 of 2021.

Date	Order with signature of Judge

1. For Orders on office objection.

2. For Orders on MA No. 2745/2021.

3. For hearing of main case.

27-05-2021.

Syed Zaffar Ali Shah, Advocate for the applicant.

.-.-.-.-.-.-.-.-.-.-.-.

1. Over ruled.

2. Granted subject to all just legal exceptions.

3. The applicant by way of instant Crl. Misc. Application has impugned an order dated 09-12-2020 passed by learned Vth Additional Sessions Judge, Sukkur, whereby direct complaint filed by the private respondent has been brought on record against him (applicant) and others.

It is contended by learned counsel for the applicant that a State case outcome of FIR Crime No. 149/2019 of PS A-Section Sukkur on the same facts and circumstances is pending adjudication before the Court having jurisdiction, therefore, learned Vth Additional Sessions Judge, Sukkur, ought not to have taken the cognizance of the same offence again, on the direct complaint by way of impugned order, such order being illegal is liable to be set-aside.

I have considered the above arguments and perused the record.

If for the sake of arguments, it is believed that State case on same facts and circumstances is pending adjudication before the Court having jurisdiction; even then there is nothing in law which could have prevented the private respondent from brining a direct complaint of the same incident, on being dissatisfied with police investigation in State case. It is settled by now that, if direct complaint on same facts and circumstances is filed, then subject to satisfaction of learned trial Court, it will have to proceed first. No illegality is apparent, which may justify making interference with the impugned order by way of instant Crl. Misc. Application, which even otherwise is accepted impliedly by rest of the culprits on account of their failure to challenge it. It is dismissed in limine.

JUDGE

Nasim/P.A