ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

     Crl.Misc.Appln No.S-133 of 2023.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on M.A.No.1939/2023.

2. For orders on office objections ‘A’.

3. For orders on M.A.No.1940/2023

4. For hearing of main case.

28.04.2023

                        Mr. Ahmed Bux Abro, Advocate for the applicants.

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1.         Urgency granted.

2.         Deferred.

3.         Deferred.

4.         The facts in brief necessary for disposal of instant Crl.Misc.Application are that the private respondent lodged an FIR with P.S Miro Khan, alleging therein that the applicants have subjected his daughter Mst.Kainat a girl aged about 14 years to rape. On investigation, such FIR was recommended by the police to be cancelled under “C” class. The learned trial Magistrate by disagreeing with the recommendation of police, took cognizance of the offence vide order dated 13.13.2023, which is impugned by the applicants before this Court by way of instant Crl.Misc.Application.

            It is contended by learned counsel for the applicants that DNA report is not implicating the applicants in commission of the incident, therefore, the police was right to recommend cancellation of FIR of the private respondent under “C” class; the learned trial Magistrate by disagreeing with the recommendation of the police by taking cognizance of the offence has committed wrong which could be made right by this Court by setting aside the impugned order.

            Heard arguments and perused the record.

            Whatever is stated by the private respondent in his FIR takes support from 161 Cr.PC statements of the witnesses and such fact is confirmed even by the Investigating officer of the case while furnishing his report before learned trial Magistrate, recommending cancellation of above said FIR. The version of the complainant party could hardly be disbelieved in summarily manner on the basis of DNA report which in fact is supporting evidence. In these circumstances, learned trial Magistrate was right to take cognizance of the alleged offence. No illegality even otherwise is pointed in impugned order which may justify this Court to make interference with it, by way of instant Crl.Misc.Application; it is dismissed in limine, advising the applicants to prove their innocence by joining the trial.

                                                                       JUDGE