ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-343 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on office objection “A”

02. For orders on M.A.No.4951/2021 (S/A).

03. For hearing of main case.

26.11.2021

                        Mr. Ali Nawaz Ghanghro, Advocate for the applicant.

                        Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH, J;- It is alleged that the applicant being District Health Officer, Jacobabad, in collusion with others, misappropriated the public funds and then destroyed the record in order to save himself from legal consequences, for that the FIR was lodged against him and others. On investigation, such FIR was recommended by the police to be cancelled under “C” class by filing such report; such recommendation was not agreed upon by learned Special Judge Anti-Corruption (Provincial) Larkana, who directed the police to submit final challan of the case against the applicant and others within ten days, vide order dated 04.11.2020, which is impugned by the applicant alone before this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC.

                        It is contended by learned counsel for the applicant that the applicant being innocent was involved in this case falsely and on the basis of honest investigation, the case against him was recommended by the police to be cancelled under “C” class; therefore; learned Special Judge Anti-Corruption (Provincial) Larkana, was having no authority to have directed the police to submit final challan of the case against the applicant and others by way of impugned order, the same being illegal is liable to be set aside.

                        Learned Addl.P.G for the State by supporting the impugned order has sought for dismissal of the instant Crl.Misc.Application.

                        I have considered the above arguments and perused the record.

                        It is settled by now that the opinion of the police or any authority connected with the investigation has got no binding effect on the Courts and the Courts have to form its own opinion on the basis of material brought before it, for taking cognizance of the incident/offence. The applicant is named in FIR with specific allegation that he being District Health Officer, Jacobabad, in collusion with rest of the culprits misappropriated the public funds and then destroyed the record in order to save himself from legal consequences; such allegation could hardly be brushed aside by accepting the report of police for cancellation of very case under “C” class. In that situation, the learned trial Judge by directing the police to submit final challan of the case against the applicant and others for further proceedings by way of impugned order, has committed no wrong, which could be made right by this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC; consequently, it is dismissed accordingly.

 J U D G E