ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Misc.Appln.No.S-388 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For orders on M.A.No.365/2022 (561-A)

14.03.2022

 

                        Mr. Khadim Hussain Khoso, Advocate for private respondents.

                        Mr. Gulsher Ahmed Junejo, Advocate for the applicant.

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

 

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                        The instant Crl.Misc.Application was disposed of on 24.01.2022 as not pressed with direction to SHO P.S Sanjar Bhatti to record statements of applicant Hameedullah and his witnesses; such order is sought to be reviewed by the private respondents by way of listed application.

                        It is contended by learned counsel for the private respondents that the subject order was obtained by the applicant by practicing fraud only to hamper the proceedings of case outcome of FIR Crime No.35/2021 u/s.401,324, 353, 34 PPC of P.S Sanjar Bhatti; therefore, it is liable to be reviewed.

                        Learned Addl.P.G for the State supported the contention of learned counsel for the private respondents. However, learned counsel for the applicant has sought for dismissal of the instant review application by contending that 161 Cr.PC statements of the applicant and his witnesses have been recorded and no review lie in criminal proceedings. In support of his contention, he relied upon case of Mst. Sughran Bibi Vs.The State (PLD 2018 SC-595).

                        Heard arguments and perused the record.

                        In terms of subject order, statements of applicant Hameedullah and his witnesses have been recorded and those subject to law, if used, obviously will help learned trial Court to arrive at right conclusion. The order/judgment passed in criminal proceedings could not be reviewed except to correct a clerical error. No clerical error is evident in subject order.  Consequently, the listed application is dismissed.

                                                                                                                            JUDGE