ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

     Constt.Petition No.D-310 of 2023.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

Before:

                                   Mr. Justice Irshad Ali Shah.

                                                                                  Mr. Justice Arbab Ali Hakro.

1. For orders on M.A No.1160/2023.

2. For orders on office objections ‘A’.

3. For orders on M.A No.1161/2023.

4. For hearing of main case.

30.05.2023

                        Mr. Muhammad Sadique Umrani, Advocate for the petitioner.

                        Mr. Munawar Ali Abbasi, A.A.G.

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1.                     Urgency granted.

2.                     Deferred.

3.                     Deferred.

4.                     It is contended by learned counsel for the petitioners that the petitioners have been involved in a false case outcome of FIR Crime No.19/2023, U/S.353, 341, 186, 504, 147, 149 PPC of P.S Qubo Saeed Khan, District Qamber-Shahdadkot, by police for ulterior motives. By contending so, he sought for quashment of such FIR by this Court by way of instant petition.

                        Learned A.A.G being available in Court in some other case, after waiving the notice contended that final challan in FIR which is sought to be quashed by the petitioners has already been submitted by the police before the Court having jurisdiction. By contending so, he furnished photo stat copy of such challan and sought for dismissal of the instant petition.

                        Heard arguments and perused the record.

                        After taking cognizance of the case by the Court having jurisdiction; on submission of final challan by the police, the FIR could not be quashed legally.

                        In case of Director General Anti Corruption Establishment Lahore and others Vs. Muhammad Akram Khan and others (PLD 2013 SC-401), it has been held by the Apex Court that;

“The law is quite settled by now that after taking of cognizance of a case by a trial Court the FIR, registered in that case cannot be quashed and the fate of the case and of the accused persons challaned therein is to be determined by the trial Court itself”.

                        Consequent upon above discussion, the instant petition being misconceived is dismissed accordingly, with an advice to the petitioners to prove their innocence by joining the trial.

JUDGE

JUDGE