ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO

Cr. Misc. Appln.  No. S-156 of 2024

Date	Order with signature of Judge

1. For order on office objection.

2. For the hearing of the main case.

3. For hearing of M.A.No.2147/2024 (561-A Cr.PC).

25-07-2024

Mr. Riaz Hussain Khoso, advocate for the applicants.

            Mr. Muhammad Murad Tunio, Advocate for the private respondent.

Mr. Shewak Rathore, D.P.G for the State

.-.-.-.-.-.-.-.-.-.-.-.-.

1.         Over-ruled.

2.         The facts in brief necessary for the disposal of instant Crl.Misc.Application are that an FIR was lodged by the private respondent with P.S Sachal Larkana alleging abduction of PW Ahmed Bux and robbery of his belongings from his Car by the applicants and others; such FIR on investigation was recommended by the police to be canceled under “C” class but learned 2^nd Judicial Magistrate, Larkana, took the cognizance whereof vide order dated 30.04.2024, which is impugned by the applicants before this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC.

            Heard arguments and perused the record.

            Since the cognizance of the offence has already been taken by the learned trial Magistrate and the applicants have joined the trial, therefore, the best course for them in the circumstances subject to law would be to seek their pre-mature acquittal by filing such application before the learned trial Court, if they feel that they are innocent and there is no probability or possibility of their conviction.

            Consequent to above discussion, the instant Crl.Misc.Application is dismissed together with pending application.

JUDGE