ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-404 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on M.A.No.7331/2021 (U/A)

02. For orders on office objection “A”

03. For orders on M.A.No.7332/2021 (E/A).

04. For hearing of main case.

19.11.2021

                        Mr. Ashique Hussain Kalhoro, Advocate for the applicants.

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IRSHAD ALI SHAH, J;- The applicants have been joined as accused in trial by learned Civil  Judge & Judicial Magistrate, Lakhi Ghulam Shah, vide order dated 09.08.2021, which they have impugned before this Court by way of instant Crl.Misc.Application under section 561-A Cr.PC.

                        It is contended by learned counsel for the applicants that the applicants being innocent have falsely been involved by the complainant in murder case of his son Zahid Ali and they on the basis of honest investigation, have been let off by the police finding them to be innocent and subsequently have been joined as accused in above said case by learned trial Magistrate without lawful justification by way of impugned order, which is liable to be set aside.

                        I have considered the above arguments and perused the record.

                        It is settled by now that the opinion of the police has got no binding effect on the Courts and the Courts have to form its own opinion while taking cognizance of the case/offence. The applicants are named in FIR by complainant Mst.Sallah Khatoon with specific allegation of committing murder of her son Zahid Ali by causing him fire shot injuries; such allegation ought not to have been brushed aside by the investigating officer by declaring the applicants to be innocent, on the basis of evidence produced by them in their defence in shape of so called independent persons. By undertaking such an exercise, the investigating officer of the case has obviously encroached upon the powers of the Court, which alone is competent to declare the accused under accusation to be innocent or otherwise that too after full dress trial. In these circumstances, the learned trial Magistrate was right to have joined the applicants as accused in trial of above said case by disagreeing with opinion of the investigating officer, by way of impugned order, which is not found to be illegal or cursory to be interfered with by this Court under section 561-A Cr.PC.

                        In view of above, the instant Crl.Misc.Application is dismissed in limine together with listed applications, leaving the applicants to prove their innocence at trial in accordance with law, if so are advised to them.

 J U D G E