ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Misc. Appln. No. S- 227 of 2022.

Date of hearing

Order with signature of Judge

12.12.2022.

1.         For orders on office objections.

2.         For hearing of main case.

            Mr. Aftab Ahmed Channa, Advocate for applicants.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

~~~~~~~

            Through this criminal miscellaneous application learned counsel for the applicants has impugned the order dated 26.7.2022, whereby the report was submitted by the I.O of the case under Section 173 Cr.P.C for offences punishable under Sections 365 and 368 P.P.C, but the learned Magistrate has not agreed with the opinion of the Police and challan was returned to I.O to submit the same before concerned quarters having jurisdiction for disposal in accordance with law.

            Learned D.P.G. submits that only on the basis of device the case has been transferred to FIA, but the FIA has no jurisdiction, as the main offence is under Sections 365 and 368 P.P.C and only on the basis of device used in the offence to transfer the money.

            Heard and perused.

            I am shocked to see that initially the F.I.R was registered for offences punishable under Sections 365 and 343 P.P.C, and after conduct of investigation the challan was filed under Sections 365 and 368 P.P.C, only on the basis of device allegedly used in the commission of alleged offence the learned Magistrate has transferred the case to FIA. The learned Magistrate has wrongly assumed that if any device is used in the commission of offence, the investigation would be transferred to FIA. It is wrong approach. Since the main offence is under Sections 365 and 368 P.P.C, as such the local police has rightly taken cognizance. In view of above, the impugned order is set aside. Learned Magistrate is directed to pass fresh order on the summary after taking guidance from this order.

                                                       Judge

Ansari