ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr. Misc. Application No. 116 of 2023

(Syed Muhammad Ameen-ul-Haq vs. J.M-XXV South and others)

Date Order with signature of Judges

1. For orders on M.A.No. 2106/2023

2. For hearing of main case

21.06.2023

Mr. Mohsin Khan, advocate for applicant

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The applicant by way of instant application u/s 561-A Cr.P.C has impugned order dated 17.01.2023, whereby learned XXV Judicial Magistrate, Karachi South has taken cognizance of offence against him outcome of FIR Crime No.1312/2021 under Section 468, 420, 471 and 34 PPC of PS Preedy.

It is contended by learned counsel for the applicant that the applicant has nothing to do with the alleged incident, therefore learned trial Magistrate ought not to have taken cognizance of the alleged incident against him. By contending so, he sought for setting aside of the impugned order to the extent of the applicant.

Heard arguments and perused the record.

If for the sake of arguments, it is believed that the applicant has nothing to do with the alleged incident then he has to prove his innocence by joining the trial. No illegality is apparent, which may justify this Court to declare the impugned order to be illegal which is based on sound reasoning, consequently, instant instant criminal miscellaneous application fails and it is dismissed in limine along with listed application.

J U D G E