ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Appln. No. S-87 of 2025

 

Date	Order with signature of Judge

 

1.             For order on office objection.

2.             For hearing of main case.

3.             For hearing of M.A No. 1395/2025. (Stay Application)

 

26-03-2025

 

M/s Razi Khan Nabi Bux R. Chandio and Afsana Muhammad Hanif Wagan, advocates for the applicant

Mr. Muhammad Noonari, D.P.G.

Mr. Karim Yar Bohio, advocate files vakalatnama on behalf of respondent No.1.

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

Applicants Muhammad Salih @ Sadam and Fida Hussain have impugned the order dated 04.03.2025, passed by the learned Additional Sessions Judge-II, Kambar in Criminal Revision Application No. 02/2025, filed by the complainant Mumtaz Ali against the order dated 06.02.2025, passed by I-Judicial Magistrate, Warah, whereby Cr. Misc. Appln No. Nil filed U/S 164 Cr.P.C re: The State Vs. Masroor Ahmed alias Bablu Solangi and others was dismissed.

2.             It is case of applicants that respondent No.1 Mumtaz Ali lodged the F.I.R No.53/2024 at P.S. Warah for offence U/S 302, 427, 395, 337-H(2), 148, 149 P.P.C against six unknown accused persons, whose faces were opened. After a period of three months and five days he recorded his statement U/S 162 Cr.P.C, wherein he implicated the applicants Muhammad Salih @ Sadam and Fida Hussain. During investigation, both the applicants have joined the investigation and they have also moved application for transfer of investigation and the investigation was transferred to S.S.P District Jacobabad and during investigation, I.O of the case found them innocent and filed "A" class report before the learned concerned Magistrate which is still pending for order. Complainant filed application for recording statement U/S 164 Cr.P.C of witnesses Abdul Jabbar and Riaz, which has been turned down by learned concerned Magistrate and complainant has preferred the revision application against said impugned order before learned Sessions Judge, Kambar and same was transferred to the court of Additional Sessions Judge-II, Kambar and learned Additional Sessions Judge-II, Kambar has allowed the application.

3.             Learned counsel for the applicant has mainly argued that case has been recommended for disposal under "A" class and complainant has moved application for recording of statement of prosecution witnesses U/S 164 Cr.P.C with malafide intention and ulterior motives in order of falsely implicated other relatives of present applicants. He, therefore, submits that impugned order is illegal and may be set-aside.

4.             On the other hand, learned counsel for the complainant submits that there is no any illegality in the impugned order as the complainant has rightly moved application for recording statement of his prosecution witnesses U/S 164 Cr.P.C.

5.             Learned D.P.G. has supported the impugned order and submits that there is no any illegality in the impugned order.

6.             Heard learned counsel for the applicant, learned counsel for respondent No.1, learned D.P.G. and perused the material available on record.

7.             It is matter of record that F.I.R was lodged by the complainant against the unknown accused and he has implicated the present applicants in his further statement U/S 162 Cr.P.C. During investigation, I.O found both the applicants innocent and recommended the case under "A" class and such summary report has been furnished by I.O before learned concerned Magistrate but still no order has been passed by learned concerned Magistrate. The complainant has moved application for recording statement of prosecution witnesses, namely Riaz and Abdul Jabbaar U/S 164 Cr.P.C which was turned down by the learned concerned Magistrate. Complainant preferred criminal revision against the said order and learned Additional Sessions Judge-II Kambar after hearing the parties has allowed the application with directions to record the statements of prosecution witnesses. In the present case one person Sikandar @ Roshan has lost his life and still the matter is under investigation.

8.             At this juncture, without giving my findings on the merits of the case on the ground that "A" class summary is pending before learned concerned Magistrate and my observations may prejudice the case of either party. Law provides opportunity for recording of statement of prosecution witnesses U/s 164 Cr.P.C. I do not find any illegality or irregularity in the impugned order.

9.             Accordingly, instant criminal misc. application is dismissed along with listed application.

 

                                                                                                 Judge

Abdul Salam/P.A ****