ORDER
SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Misc. Application No. S-32 of 2023
Moula Bux
& another Vs. The State)
DATE
OF HEARING |
ORDER WITH SIGNATURE OF
JUDGE |
1.
For Orders on office objection.
2.
For hearing of main case.
3.
For hearing of MA No. 250/2023 (Stay/A)
24-02-2023.
Syed Asghar Ali Shah advocate for the applicants.
Mr. Liaquat Ali Shar, advocate for
the complainant.
Mr. Shafi Muhammad Mahar, DPG for the
State.
*********-------------********
The
facts in brief necessary for disposal of instant Crl.
Misc. Application are that it is alleged that the applicants with rest of the
culprits allegedly after having formed an unlawful assembly and in prosecution
of their common object not only committed murder of Atta Hussain
@ Aijaz, but also caused injuries to PW Latif with intention to commit his murder, for that they
were booked accordingly. On investigation, the applicants were let off by the
police, they were joined in trial by learned 1st Civil Judge &
Judicial Magistrate Kotdiji vide order dated
31-12-2022, which is impugned by the applicants before this Court by way of
instant Crl. Misc. Application.
2. It is contended by learned counsel for the applicants that
they on the basis of very honest investigation were let of by the police;
therefore, they ought not to have been joined in trial by learned trial
Magistrate. By contending so, he sought for setting aside for impugned order.
3. Learned
DPG for the State and learned counsel for the complainant have sought for
dismissal of the instant Crl. Misc. Application by
supporting the impugned order.
4. Heard arguments and perused the record.
5. The applicants are named in the FIR with vicarious
liability. Whatever is stated in FIR by the complainant takes support from
ancillary evidence, it was not believed by the Investigating Officer on the
basis of evidence which was furnished by the applicants in their defence. By such act, the Investigation Officer usurped the
powers of the Court, which alone is competent to declare the person involved in
incident to be innocent or otherwise, that too after trial. In these
circumstances, learned trial Magistrate by way of impugned order by joining the
applicants in trial has committed no wrong, which may justify this Court to
make interference with it by way of instant Crl.
Misc. Application. It is dismissed accordingly directing the applicants to
prove their innocence by joining the trial, if so is advised to them.
Judge
Nasim/P.A