ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl. Revision Appln.No.S-47 of 2016.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

10.02.2022

                        Mr. Ali Nawaz Ghanghro, Advocate for the applicants.

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

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                        It is case of prosecution that the applicants reported for their duty before Syed Asad Ali Shah, District Public Prosecutor Jacobabad; on verification, their appointment orders as Junior Clerks were found to be forged; consequently, an FIR was lodged against them for the said offence and they after due trial were convicted for offence punishable under section 468/471 PPC and were sentenced to undergo R.I for two years and to pay fine of rupees twenty thousand each and in default whereof to undergo S.I for three months, with benefit of Section    382-B Cr.PC, by learned 1^st Judicial Magistrate, Jacobabad. The appeal preferred by the applicants against their conviction and sentence was dismissed by learned 2^nd Additional Sessions Judge, Jacobabad, vide judgment dated 18.08.2016, which is impugned by the applicants before this Court by preferring the instant criminal revision application.

2.                     It is contended by learned counsel for the applicants that the applicants have been convicted and sentenced on the basis of illegal proceedings; therefore, they are liable to their acquittal by extending them benefit of doubt, which is opposed by learned Addl.P.G for the State by supporting the impugned judgment.

3.                     I have considered the above arguments and have perused the record. 4.                        The applicants have been convicted for offence punishable under section 468/471 PPC, both are non-cognizable in its nature and were subject to cognizance on filing of direct complaint as is prescribed by Section 195 (1) (a) Cr.PC. The cognizance of the incident on FIR was contrary to the prescribed procedure. It is settled by now that the things are to be done in the manner, prescribed by the law, if done otherwise, would be unlawful. In these premises, the conviction and sentence awarded to the applicants by way of impugned judgments on the basis of wrong proceedings being illegal could not be sustained, those are set aside, consequently, the applicants are acquitted of the offence for which they were charged, tried and convicted by learned Court below; they are present in Court on bail; their bail bonds are cancelled and the sureties are discharged.

4.                     The instant criminal revision application is disposed of accordingly.

JUDGE