ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Cr. Misc. Appln. NO. S- 244 of 2012.

Dated                                   order with signature of hon’ble Judge.

1. For orders on office objection as flag A.

2. For Katcha Peshi.

3. For hearing of M.A No.2833/2013.

15.03.2013.

Mr. Nisar Ahmed Ghulam Hyder Abro, advocate for the applicant.

Mr. Riaz Ahmed Soomro, advocate for the proposed accused.

Mr. Naimatullah Bhurgri, State Counsel

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                        Learned counsel for the applicant submits that the FIR was lodged by the applicant  against her husband who threatened her to kill in case she continued  to perform her services at N.G.O at Jacobabad.  Such FIR  was  registered as crime No.06/2012 before P.S Gudu U/S 424, 506/2 PPC.

                        Learned State Counsel at the very outset submits that the  prosecution witnesses supported version  of the complainant whereas the defence witnesses have opposed it.

                        Be that as it may, it appears  that the I.O has recommended the case to be disposed of as cancelled ‘C’ class  i.e. on account of insufficient evidence whereas  in the  impugned order   in para No.3  it has been categorically observed by the Presiding Officer that I.O/Investigating Officer  contended  that the complainant has   lodged false FIR against accused.  This is totally contrary to the report that has been submitted.  Once the I.O has recommended for the disposal of the case under 'C' class  then it has  to be based on sound principles of law  in case  the trial Court  intend  to have it disposed of under ‘B’ class  which is meant for a false case.  Such is not borne out from the facts  and the investigation that has been made and the  recommendation  that has been made by the I.O.  Learned counsel conceded that impugned order deserves to be set aside though it is  reluctantly opposed by the complainant’s counsel. 

                        Be that as it may, impugned order  is totally  contrary to the recommendation of I.O and even otherwise  impugned  order   is not passed  on any reasonable findings.  The impugned order is  therefore, set aside.   The report  may be submitted by the I.O  for further proceedings.

JUDGE