ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Misc. Application No. S-32 of 2023

Moula Bux & another Vs. The State)

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

1. For Orders on office objection.

2. For hearing of main case.

3. For hearing of MA No. 250/2023 (Stay/A)

24-02-2023.

Syed Asghar Ali Shah advocate for the applicants.

Mr. Liaquat Ali Shar, advocate for the complainant.

Mr. Shafi Muhammad Mahar, DPG for the State.

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The facts in brief necessary for disposal of instant Crl. Misc. Application are that it is alleged that the applicants with rest of the culprits allegedly after having formed an unlawful assembly and in prosecution of their common object not only committed murder of Atta Hussain @ Aijaz, but also caused injuries to PW Latif with intention to commit his murder, for that they were booked accordingly. On investigation, the applicants were let off by the police, they were joined in trial by learned 1^st Civil Judge & Judicial Magistrate Kotdiji vide order dated 31-12-2022, which is impugned by the applicants before this Court by way of instant Crl. Misc. Application.

2. It is contended by learned counsel for the applicants that they on the basis of very honest investigation were let of by the police; therefore, they ought not to have been joined in trial by learned trial Magistrate. By contending so, he sought for setting aside for impugned order.

3. Learned DPG for the State and learned counsel for the complainant have sought for dismissal of the instant Crl. Misc. Application by supporting the impugned order.

4. Heard arguments and perused the record.

5. The applicants are named in the FIR with vicarious liability. Whatever is stated in FIR by the complainant takes support from ancillary evidence, it was not believed by the Investigating Officer on the basis of evidence which was furnished by the applicants in their defence. By such act, the Investigation Officer usurped the powers of the Court, which alone is competent to declare the person involved in incident to be innocent or otherwise, that too after trial. In these circumstances, learned trial Magistrate by way of impugned order by joining the applicants in trial has committed no wrong, which may justify this Court to make interference with it by way of instant Crl. Misc. Application. It is dismissed accordingly directing the applicants to prove their innocence by joining the trial, if so is advised to them.

Judge

Nasim/P.A