ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-91 of 2019.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on office objection.

02. For hearing of M.A.No.1453/2019.

03. For hearing of main case.

17.02.2022

                        M/S. Asif Ali Abdul Razzak Soomro & Safdar Ali Ghouri,

Advocate(s) for the applicant.

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

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IRSHAD ALI SHAH - J;- Facts in brief necessary for disposal of instant Crl.Misc.Application are that an FIR was lodged by the private respondent against the applicant and others, alleged therein that they after having formed an unlawful assembly and in prosecution of their common object, caused fire shot injuries to PW Bashir Ahmed, with intention to commit his murder and then went away by making aerial firing to create harassment. On investigation, the applicant was let off by the investigating officer, by making a conclusion that he is innocent and then placed his name in Column No.2 of the charge sheet, he was joined in trial by learned 1^st Judicial Magistrate, Qamber, vide order dated 09.04.2019, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC.

                        It is contended by learned counsel for the applicant that the applicant was let off by the police on the basis of very honest investigation, therefore, he ought not to have been joined in trial by learned trial Magistrate by way of impugned order; such order being illegal is liable to be set aside.

                        None has appeared on behalf of the private respondent. However, learned Addl.P.G for the State by supporting the impugned order has sought for dismissal of the instant Crl.Misc.Application by contending that the applicant has actively participated in commission of the incident by causing fire shot injuries to PW Bashir Ahmed.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged promptly. The applicant is named in FIR with specific allegation that he has caused fire shot injury to PW Bashir Ahmed with intention to commit his murder. Whatever is stated in his FIR finds support from the ancillary evidence. In that situation, the investigating officer was not justified to have declared the applicant innocent by placing his name in Column No.2 of the charge sheet, on the basis of plea of “alibi” by ignoring the version of the private respondent and his witnesses. By such act, the investigating officer obviously has encroached upon the powers of Court, which alone is competent to declare the accused under accusation to be innocent or otherwise. In these circumstances, the learned trial Magistrate by joining the applicant in trial by way of impugned order has committed no wrong, which could be made right by this Court. If the applicant is having a feeling that he is innocent then he could prove his innocence by joining the trial.

                        The instant Crl.Misc.Application is dismissed accordingly together with listed application.

      JUDGE