ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Cr. Misc. Appln. NO. S- 01 of 2013.

Dated                                   order with signature of hon’ble Judge.

1. For orders on office objection as flag A.

2. For Katcha Peshi.                            

13.03.2013.

                        Mr. Abdul Rasheed Abro, advocate for the applicant.

                        Mr. Asif Hussain M. Nawaz Chandio, State Counsel.

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                        This is application U/S 561-A Cr.P.C challenged the order dated 25.08.2012 in terms whereof it was observed that no case is made out against the accused persons and learned Magistrate refused to take cognizance  in the matter  and disposed of  the case under ‘C’  class on merits.

                        I have perused the order.  It has been categorically observed  that the I.O of the case  failed to bring out the truth   in this regard   during investigation.  Such observation is sufficient  for the learned Magistrate  to have directed the I.O  to investigate  the  crime efficiently  rather then to ask for disposal in ‘C’ class  on account of alleged insufficient  evidence.   The I.O  in terms of the order failed to investigate.  Per learned counsel  the marks of burnt is available at the site  however,  the burnt material  was not available.   Be that as it may, in view of such  facts of the FIR  the case could not be discarded  due to lack of investigation as observed by trial Court yet disposed of as impugned order.   Accordingly, the impugned order is set aside. Let investigation be made in this regard  and report be submitted  before  the trial Court in accordance with law for further proceedings.

                                    The application stands disposed of.

JUDGE