IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.S-394 of 2021

Applicant: Muhammad Saleh

through Mr. Ifitikhar Ali Arain, Advocate.

Mst. Kazbano (Res. No.3) through Mr. Sadam Hussain

The State through Syed Sardar Ali Shah

Date of hearing: 17.01.2022

Date of decision: 17.01.2022

O R D E R

Zulfiqar Ali Sangi, J: Through this application, the applicant has assailed the order dated 05.06.2021, passed by learned 1^st Civil Judge and Judicial Magistrate N/Feroze, wherein learned Magistrate took cognizance of the offence on summary report and directed the investigation officer for submitting final charge sheet against the nominated accused persons in the FIR.

2. Learned Counsel for the Applicant, at the very outset, submits that learned Judge has erred while passing the impugned order as after the investigation, investigation officer found the applicant party as innocent and then submitted report for disposal of the case under cancel class.

3. Learned counsel for the respondent No. 3 and Learned DPG opposed the application and submitted that the order passed by learned Magistrate is in accordance with law and application is liable to be dismissed.

4. I have heard the learned Counsel for the parties and carefully perused the crucial contents of the impugned order.

5. Record reflects that the applicant party is nominated in the FIR with a direct role for causing fire arm injuries to deceased Muhammad Siddique with Kalashnikov and he died due to said fire arm injuries. The version of complainant is supported by all the witnesses and medical evidence which includes post mortem report is also supportive. Record further reflects that after taking cognizance the charge against accused person is framed on 15-12-2021 and the case is fixed for evidence of witnesses. In these circumstances the application in hand is meritless and is hereby dismissed.

JUDGE