IN THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Criminal Misc. Application No.S-154 of 2019

Rab Nawaz Khoso &Others

vs.

The State &Another

For the Applicants:                          Mr. Safdar Ali Ghouri

                                                          Advocate

For the State:                                  Mr. Aitbar Ali Bullo, Deputy Prosecutor General

For the Complainant:                      Mr. Riaz Ahmed Soomro Advocate

Date of Hearing:                             04.02.2022

Date of Order:                                 04.02.2022

O R D E R

Agha Faisal, J.         The present application impugns an ancillary order contained in paragraph-17 of the Judgment dated 22.06.2019, rendered by the learned Additional Sessions Judge-II, Jacobabad, whereby in the absence of any acquittal appeal / show cause, the duly acquitted applicants were required to be summoned afresh and directions were given for their statements to be recorded under section 342 Cr.P.C.  The case of the applicants before this Court is that since the applicants had already been acquitted more than two years prior to the impugned constituent of the judgment and no acquittal appeal was ever filed in such regard, therefore, no direction was warrantedwith respect to said applicants, hence, the learned Appellate Court had clearly exceeded its jurisdiction in such regard.

2.         The record demonstrates that the operation of the impugned judgment, insofar as the present applicants are concerned, was already suspended by this Court vide order dated 23.07.2019.  The applicants’ counsel has placed a statement / order on record, demonstrating the accused, against whom the denovo proceedings did infact commence, have also been acquitted under section 345(6) Cr.P.C. vide Order dated 17.08.2020.  In such regard it is submitted that notwithstanding the manifest illegality of the impugned order insofar as the applicants is concerned, even otherwise in view of the compromise no benefit could accrue to subject the applicants to any further rigors of proceedings.

3.         Counsel for the complainant/respondent No.2 is present and he verifies the information/arguments articulated by the applicants’ counsel. It is unequivocallystated that the matter has in any event been compromised and there is no reason to proceed against the applicants in any event. Under instructions, he submits that the application may be allowed.

4.         Learned Deputy Prosecutor General has looked at the record and submitted that the impugned constituent of the appellate order does not find merit in law and has in any event become infructuous in view of the compromise. Learned DPG also articulated no cavil to the grant of the application.

5.         In view of the foregoing, present Criminal Miscellaneous Application is hereby allowed.

Judge

Manzoor