IN THE HIGH COURT OF SINDH, CIRCUIT COURT,
LARKANA
Crl. Acquittal Appeal No. S- 19 of 2023.
Appellant: Pir Ahsan Shah Rashidi, through Mr. Abid Hussain Qadri, Advocate.
Respondents: Miratul Haq Shah & others.
Date of hearing: 10.05.2023.
Date of judgment: 10.05.2023.
Judgment
Zulfiqar Ali Sangi, J-. This acquittal appeal is directed against the Order dated 02.02.2023 passed by learned 1st Additional Sessions Judge, Larkana, in Sessions Case No.287/2022 re; State v. Miratul Haq Shah and others, arisen out of F.I.R No.54/2021 of P.S Warisdino Machhi (District Larkana), registered for offences punishable under Sections 395 and 506 (2) P.P.C, whereby the learned trial Court had acquitted the accused/ respondents Miratul Haq and others in terms of Section 249-A Cr.P.C. The appellant/ complainant being aggrieved and dissatisfied with the impugned order has preferred instant appeal.
2. The facts of prosecution case as depicted from impugned order in para 3, are reproduced hereunder:
“The prosecution’s case, as stated in the F.I.R lodged by complainant Peer Ahsan Shah, is that there is a land dispute between him and the accused Miratul Haq. On November, 21, 2021, the complainant along with his Munshi Muhammad Hassan and driver Mumtaz were on their way to their land in Wada Bosan. At around 6.00 p.m., a pick-up vehicle crossed them and stopped in front of them, out of the vehicle accused persons emerged, who were identified as Miratul Haq Shah, Manzoor, Manzoor son of Muhammad Idrees, Ali Hassan, Wahid Bux, Gahno, Qurban Ali, all of whom were armed with K.Ks, Muhammad Hanif, Abdul Hameed and two unknown accused with rifles. The accused Miratul Haq took out a briefcase containing necessary documents from the complainant’s vehicle, while the accused Manzoor Bhambro took out cash of Rs.10000/- from the pocket of the complainant. Then all accused went away on seeing the “Haris” and accused Miratul Haq issued murderous threats, hence this F.I.R was lodged.”
3. The record reveals that accused/ respondents No.1 and 2 filed an application under Section 249-A Cr.P.C before learned trial Court and vide Order dated 02.02.2023, the learned trial Court has allowed the same by acquitting all the accused including respondents No.1 and 2, and that order has been impugned through this appeal.
4. Learned counsel for appellant/ complainant mainly contended that, impugned order of acquittal of accused is patently illegal, erroneous, factually incorrect and resulted into miscarriage of justice, as such it is liable to be set aside; that learned trial Court failed to appreciate that there was sufficient evidence with prosecution connecting the accused persons and that the observations of learned trial Judge are not based upon correct appraisal of material available on record. He lastly contended that the impugned order may be set-aside and the case of accused/ respondent may be remanded back for proper trial.
5. Careful perusal of the impugned order reflects that the learned trial Court acquitted the accused/ respondents for the following reasons: -
(a) The Hon’ble High Court of Hyderabad in Constt. Petition No. 532 of 2022 involving both applicant and complainant of this case has noted that the accused Miratul Haq has been subjected to multiple other F.I.Rs in the districts of Larkana and Jacobabad, particularly in areas where the complainant Peer Ahsan Shah alias Junaid Shah Rashidi holds influence, as such the F.I.R is false one.
(b) The inquiry committee comprising of S.S.P Larkana and Jacobabad also recommended disciplinary action agaisnt officials found to be involved in such misconduct. Lastly, the Hon’ble High Court has held that private respondents (complainant of his case) influenced the police department of government of Sindh as such time and again certain F.I.Rs were being lodged against the petitioner (accused Miratul Haq) and his family in various districts of Sindh.
(c) At the end Inspector General of Police Sindh was directed to ensure that no further F.I.R against petitioner (accused Miratul Haq) was to be registered without permission of the Judicial Magistrate. Moreover, it is mind-boggling that an affluent person having Canadian Dollars 58,702 and Rupees 1,287143.52 in his two bank accounts would commit robbery of a meager amount i.e. Rs.10000/-, the above financial position is reflecting from the bank statements submitted by the counsel for applicant with the instant application, which clearly suggests that case was falsely reported and false F.I.R has been got registered under the influence of complainant.
(d) Looking at the above, it is concluded by the Court that after conducting a thorough investigation, the police have rightly determined that the instant case is falsely and maliciously reported, as evidenced by their recommendation to dispose of it as a “B” class case.
(e) Given the above conclusion, it is clear that continuation of the trial would be an unnecessary waster of judicial resources. Additionally, based on the facts of the case and the available evidence it is highly unlikely that a conviction would be reached. Therefore, the prosecution’s case is deemed untruthful and it is best to dismiss this case.
6. The learned trial Court in view of the aforesaid facts and circumstances, rightly believed that there was no probability of the accused/ respondents No.1 and 2 to be convicted of any offence and acquitted them from the charges while exercising powers conferred by the provisions of Section 249-A Cr.P.C. When called upon to demonstrate any other illegality and infirmity afflicting the impugned order, particularly the points noted herein above, the learned counsel for the appellant/ complainant was found wanting and could not point out any such infirmity and illegality excepting repeating the same arguments.
7. For the foregoing reasons, I, do not see any weight in the arguments advanced by learned counsel for appellant/ complainant and do not find any illegality in the impugned acquittal order, therefore, the instant appeal being devoid of merits is dismissed in limine.
Judge
Ansari