ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                Cr. Acq. Appeal No.232 of 2009                                

DATE         ORDER WITH SIGNATURE OF JUDGE

                                    FOR KATCHA PESHI.

13.11.2009.

Mr. Amjad Ali Sahto Advocate for appellant.

                                                                        =                     

                        Through this Criminal Acquittal Appeal, the appellant has impugned the Judgment dated 28.09.2009 passed by the Civil Judge and J.M. VI, Hyderabad, whereby respondents Muhammad Nazim, Kashif, Muhammad Rehman, Haneef, Imran and Awais were acquitted inter alia on the ground that the prosecution failed to prove its case.

            The scope of acquittal appeal is very limited and after acquittal, the presumption of double innocence is attached with the acquittal order. I do not find any infirmity or illegality in the impugned Judgment. Learned counsel could not pin point any illegality or infirmity in the impugned Judgment, which could warrant interference of this court. The appeal merits no consideration and stands dismissed in limine.

                                                                                                                 JUDGE

A.K

ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                Cr. Misc. Appl. No.S-184 of 2009                             

DATE         ORDER WITH SIGNATURE OF JUDGE

                                    FOR KATCHA PESHI.

13.11.2009.

Mr. Noor Ahmed Memon Advocate for the applicant.

Mr. Shahid Ahmed Shaikh APG for the State.

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                        Learned counsel for the applicant could not pin point any illegality in the impugned order, which is based on the material collected by the police during investigation. The impugned order has been passed in accordance with law. I do ;not find any infirmity or illegality in the impugned order.

            The Criminal Misc. Application No.184/2009 merits no consideration and stands dismissed. However, disposal of the case in “B” class as per impugned order is treated as disposal under “C” class. The applicant is at liberty to file direct complaint if so desired.

This Cr. Misc. Application stands disposed of in above terms.

                                                                                                                 JUDGE

A.K