ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Revision Appln.No.S-17 of 2023

DATE                         ORDER WITH SIGNATURE OF JUDGE

01. For orders on M.A.No.1151/2023.

02. For orders on office  objection “A”.

03. For orders on M.A.No.1152/2023,

04. For hearing of main case.

24.03.2023.

Mr. Ghulam Murtaza Jokhio, Advocate for applicant.

                                                            -.-.-.-.-.-.-.-.-

                        Facts in brief necessary for disposal of instant criminal revision application are that a medical certificate was issued by Dr.Tufail Ahmed; on challenge it was found to be incorrect by the Medical Board; on the basis of such opinion, the applicant filed a direct complaint for prosecution of private respondents under Section 161, 167, 34 PPC r/w Section 5 (2) of Act-1947; it was dismissed by learned Special Judge       Anti-Corruption (Provincial) Larkana, vide order dated 08.02.2023, which is impugned by  the applicant before this Court by preferring the instant criminal revision application.

            It is contended by learned counsel for the applicant that learned trial Court has dismissed the complaint of applicant without lawful justification, therefore, such dismissal is liable to be examined by this Court.

            Heard arguments and perused the record.

            Obviously, the opinion rendered was by the medical officer was found to be incorrect by the medical board; there is nothing on record which may suggest that the medical certificate so issued by the medical officer was found to be fake or otherwise, it at the most was conflict of opinion, which could hardly call for prosecution of the private respondents for the alleged incident. No illegality, even otherwise, is apparent which may justify this Court to make interference with the impugned order; consequently, the instant criminal revision application is dismissed in limine together with listed applications.

JUDGE