ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-74 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.8046/2021 (U/A).

02. For orders on office objection “A”.

03. For orders on M.A.No.1331/2021 (E/A).

04. For orders on M.A.No.1332/2021 (S/A).

05. For hearing of main case.

24.12.2021

                        Applicant Akhtar Hussain in person.

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

                        Mr. Mujahid Ali Jatoi, Advocate for private respondent.

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                        Facts in brief necessary for disposal of instant Crl.Misc.Application are that an FIR was lodged with P.S Guddu, District Kashmore @ Kandhkot,       by private respondent alleging therein that his daughters Mst.Azeema and Mst.Sumiya have been abducted from his quarter by unknown culprits with intention to have rape with them, who subsequently were known to be applicant and others; after successive investigation, the challan of the case was submitted by the police before learned 2^nd Civil Judge & J.M, Kashmore, it was returned by him to be presented before the Special Judge, Anti Terrorism Court, Kashmore @ Kandhkot, vide order dated 10.02.2021, which is impugned by the applicant before this Court by making instant Crl.Misc.Application u/s.561-A Cr.PC.

                        It is contended by the applicant that the impugned order is illegal, the same to be set aside with direction to learned 2^nd Civil Judge & J.M, Kashmore, to dispose of challan of the case under “C” class.  

                        Learned Addl.P.G for the State and learned counsel for the private respondent by supporting the impugned order have sought for dismissal of the instant Crl.Misc.Application by contending that the cognizance of the case now has been taken by Anti Terrorism Court having jurisdiction and the applicant has failed to join the trial.

                        I have considered the above arguments and perused the record.

                        As per reports furnished by learned Special Judge, Anti Terrorism Court, Kashmore @ Kandhkot, the cognizance of the offence has been taken and the case now is fixed for framing of charge against the accused; if it is so, then it over-rides the impugned order. In these circumstances, the remedy which obviously is available with the applicant is to join the trial before the Court of learned Special Judge, Anti-Terrorism Court, Kashmore @ Kandhkot, by giving an end to his absconsion, if any, and to prove his innocence there in accordance with law.

                        With above observation, the instant Crl.Misc.Application fails and it is dismissed accordingly together with listed applications.

                                         JUDGE