ORDER SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Misc. Application No.S-152 of 2023
(Tarique Hussain Chang Vs. The State & others)
Date |
Order with signature of Judge |
1.
For Orders on MA No. 1361/2023 ( U/A)
2.
For Orders on office objection.
3.
For Orders on MA No. 1362/2023 (Ex./A)
4.
For hearing of main case.
5.
For Orders on MA No. 1363/2023 (Stay/A)
06-03-2023.
Applicant
Muhammad Sharif Mashori in person.
.-.-.-. -.-.-.-.-.-.-.-.-
1.
Granted.
2
to 5. The applicant by way of
instant Crl. Misc. Application under section 561-A Cr.P.C has impugned an order dated 24-02-2023, whereby he
has taken cognizance of the offence, outcome of FIR No. 122/2020 u/s 380, 457
and 216 PPC of PS Pir Jo Goth, ignoring the police
report, for its cancellation under “B” class.
It is contended by the applicant
that learned trial Magistrate has passed the impugned order without lawful
justification, ignoring the report of police, which was based on honest
investigation.
Heard arguments and perused the
record.
It is well settled by now that
opinion of the police has got no binding effect on Courts. Whatever is stated
by the complainant in his FIR, takes support of ancillary evidence, which has
been disbelieved by the police without lawful justification. By such act, the
police has usurped the powers of the Courts, which
alone is competent to declare the person under accusation to be innocent or
otherwise. No illegally is apparent, which may justify this Court to make
interference with the impugned order; consequently, the instant Crl. Misc. Application is dismissed in limini
together with listed applications, directing the applicant to prove his
innocence or otherwise by joining the trial.
JUDGE
Nasim /PA