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.

                                    12-09-2014

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

 

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