ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr.Misc. Appln. No.S-510 of 2009.

DATE          ORDER WITH SIGNATURE OF JUDGE

1. FOR KATCHA PESHI.

2. FOR HEARING OF MA NO.3201/09.

21.12.2009.

            Mr. Shabbir Hussain Memon, Advocate for applicants.

            Mr. Shahid Ahmed Shaikh, A.P.G Sindh.

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AHMED ALI SHAIKH, J:      Through this criminal miscellaneous application, the applicants have challenged the impugned order dated 19-10-2009, passed by lerned IInd Judicial Magistrate, Nawabshah, whereby he did not concur with the police report and issued directions to submit the final challan within seven days.

2.          It is, interalia, contended by learned counsel for applicants that while passing the impugned order, the learned Magistrate did not take into consideration the material collected during the investigation and same has been passed in haste and mechanical manner. He further contended that the 161 Cr.P.C statements of L.Rs of the deceased were recorded, in which they did not support the prosecution version.

3.          Conversely, Mr. Shahid Ahmed Shaikh, A.P.G Sindh defended the impugned order stating that the impugned order is proper, in accordance with the law and same was passed after taking into consideration the material collected during investigation.

4.          Heard learned counsel for the parties and perused the record.

5.          From the perusal of impugned order, it reveals that the order impugned in these proceedings is speaking one and based on the material collected during investigation. It is settled law that Magistrate can take cognizance of an offence, even in case of negative report submitted by police that accusation is baseless and no case is made out against the delinquents as held by Honorable Supreme Court in the case of Safdar Ali.Versus.Zafar Iqbal and others (2002 SCMR 63).

6.          For the foregoing reasons and dictum laid down by the Honorable Supreme Court, I am of the considered view that the impugned order is based on the material collected by the Investigation Agency and as such same does not warrant any interference of this Court.

7.          The criminal miscellaneous application merits no consideration and accordingly same is dismissed along with listed application.

                                                            JUDGE.

A.C