ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Misc. Appln. No. S- 333 of 2022.

Date of hearing

Order with signature of Judge

01.06.2023.

            Mr. Ali Anwar Kandhro, Additional Prosecutor General for applicant.

            Mr. Habibullah G. Ghouri, Advocate for respondent No.2.

                        Respondent No.1 / Circle Officer ACE Larkana present in person.

ORDER

Zulfiqar Ali Sangi, J: Through instant application under Section 561-A, Cr.P.C, learned Deputy Prosecutor General Shah has assailed on behalf of the State the Order dated 16.06.2022, passed by learned Special Judge, Anti Corruption (Provincial), Larkana, in Crime No.01/2021 of ACE Larkana, whereby the learned Judge while concurring his opinion with police report has cancelled the F.I.R under “C” class.

            2.         Precisely, facts of the case are that, accused/ respondent No.2 Jazib Ali was booked in aforesaid F.I.R by anticorruption authorities on the allegation of misappropriation of wheat stock, thereby causing loss to government exchequer.

            3.         It appears from the record that, during course of investigation the accused deposited misappropriated amount with the National Bank of Pakistan under challan; as such the investigation officer recommended the F.I.R for its cancellation under “C” class, on the ground that since misappropriated amount was recovered from accused, as such there had been no loss to the government exchequer. Such report of the investigation officer was approved by learned trial Judge and F.I.R was cancelled accordingly. 

            4.         Learned D.P.G. has inter alia, contended that the impugned order is illegal, which has resulted in miscarriage of justice; that the impugned order has been passed in violation of the law laid down by this Court. Lastly, learned D.P.G. submitted that the learned trial Judge has not passed reasonable and speaking order, which is liable to be set-aside. 

            5.         Conversely, learned Advocate for accused/ respondent No.2 supported the impugned order and submitted that the same is legal and has been passed after giving due consideration to recommendation of the Investigation officer and the material made available before him.

            6.         It is astonishing and not understandable that, on one hand the “Prosecution” itself recommended disposal of F.I.R under cancel “C” class, meaning thereby that it did not want trial of the accused. On the other hand, it (Prosecution) has challenged cancellation of the F.I.R, meaning thereby that they want that accused be tried. When the prosecution itself is of the opinion that, no offence has been committed (no loss has been caused to government exchequer by the accused), then entire exercise would not only become useless and go in futility, but it will cause unnecessary hardship to the accused, if the case is directed to be challaned.

            7.         Moreover, the Circle Officer ACE Larkana, present in Court has filed a statement to the effect that, the final report was submitted to learned trial Court after obtaining necessary approval by investigation officer from competent authority i.e. Deputy Director ACE Larkana.

            8.         It appears that the impugned Order has passed by the learned Judge after assessing the material placed before him i.e. the version of prosecution itself. As such, the same appears to be legal and proper; not calling for interference by this Court.

            9.         In view of foregoing, this criminal miscellaneous application being devoid of merits is hereby dismissed.

                                                             Judge

Ansari