IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Misc. Application No. S-53 of 2023
DATE OF HEARING
ORDER WITH SIGNATURE OF JUDGE
<![if !supportLists]>1. <![endif]>For Orders on MA No. 480/2023 (U/A)
<![if !supportLists]>2. <![endif]>For Orders on office objection.
<![if !supportLists]>3. <![endif]>For Orders on MA No. 481/2023 (Ex./A)
<![if !supportLists]>4. <![endif]>For hearing of main case.
<![if !supportLists]>5. <![endif]>For orders on MA No. 482/2023 (Stay/A).
Mr. Nisar Ahmed bhanbhro, advocate for applicant.
<![if !supportLists]>1. <![endif]>Granted.
<![if !supportLists]>2. <![endif]>Deferred.
<![if !supportLists]>3. <![endif]>Deferred.
4 & 5. The applicants by way of instant Crl. Misc. Application has impugned an order dated 23-10-2022 whereby learned Ist Judicial Magistrate Bhirya has taken the cognizance of offence outcome of FIR No. 153/2022 u/s 496-A, 34 PPC of PS Tharushah, which was recommended by the police to be cancelled under ‘C’ Class.
It is contended by learned counsel for the applicant that report of the police was based on very honest investigation, therefore, the learned trial Magistrate ought not to have rejected the same by taking cognizance of the offence by way of impugned order, such order being illegal is liable to be set aside by this Court.
Heard arguments, perused the record.
It is settled by now that opinion of the Police has got not binding affects on the Courts and Courts have to take the cognizance of the offence or otherwise on the basis of material which is brought before it. In the instant matter, whatever was stated by the private respondent in his FIR, takes support from ancillary evidence, same ought not to have been ignored by the Investigating Officer declaring the applicants innocent by making a conclusion that abductee was actually was divorced by the private respondent before enter into another Nikah. By making such declaration, the Investigating Officer obviously has acquired the status of the Court, which was not within his competence. In these circumstances, learned trial Magistrate was right to take cognizance of the offence which requires its adjudication on merits, by way of impugned order, which is not found to be illegal to be interfered with by this Court, by way of instant Crl. Misc. Application. It is dismissed in limini directing the applicants to prove their innocence before learned trial Court by joining the trial, if so are advised.