ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-48 of 2014.

_______________________________________________________________________

DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

_______________________________________________________________________

For hearing of main case.

03.02.2022

                        Mr. Ali Nawaz Ghanghro, Advocate for the applicant.

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

                        =  *  = * = * = * = * =

1.                     The facts in brief necessary for disposal of instant Crl.Misc.Application are that the applicant with rest of the culprits, allegedly after having formed an unlawful assembly and in prosecution of their common object, committed murder of Abdul Qadir by causing him fire shot injuries and then went away by making fires at complainant Ghulam Murtaza and his witnesses, with intention to commit their murder too, for that the present case was registered. On being challaned, the applicant sought for his acquittal by making an application under section 265-K Cr.PC, it was dismissed by learned    1^st Additional Session Judge, Larkana, vide order 20.01.2014, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC.

2.                     It is contended by learned counsel for the applicant that the learned trial Court has passed the impugned order without lawful justification, ignoring the fact that the role attributed to the applicant in commission of the incident was only to the extent of instigation and he was involved in this case falsely by the complainant party to satisfy its political rivalry with him. By contending so, he sought for setting aside of the impugned order with acquittal of the applicant.

3.                     Learned Addl.P.G for the State and learned counsel for the complainant have sought dismissal of the instant Crl.Misc.Application that it is incompetent and there is every possibility of conviction of the applicant, if prosecution is provided fair opportunity to prove its case against him.

4.         I have considered the above arguments and perused the record.

5.         The applicant is named in FIR with specific allegation of instigation; in that situation, without recording evidence, it would be premature to say that he being innocent has been involved in this case falsely and there would be no probability of his conviction even after trial. The political rivalry between the parties may be there but it may not be a reason to involve the applicant in this case falsely. In these circumstances, the learned trial Court has rightly declined to acquit the applicant u/s.265-K Cr.PC without recording evidence, by way of impugned order, which is not found illegal to be interfered with by this Court, by way of instant Crl.Misc.Application, which even otherwise is incompetent,     it is dismissed accordingly.  

      JUDGE