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