ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl. Misc.Appln.No.S-165 of 2023.

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DATE                        ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01.  For orders on M.A.No.2435/2023.

02.  For orders on office objection “A”.

03.  For orders on M.A.No.2436/2023.

04.  For hearing of main case.

02.06.2023

                        Mr. Qazi Manzoor Ahmed, Advocate for the applicant.

 

 

 

 

 

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1.         Urgency granted.

2.         Deferred.

3.         Deferred.

4.         It is contended by learned counsel for the applicant that the applicant lodged an FIR for theft of his Car with P.S, Waleed Larkana, under the orders of this Court; the police while submitting challan in the above said FIR placed the name of the private respondent in column No.2 of the challan sheet; the learned trial Magistrate without taking cognizance of the offence against the private respondent, accepted the challan vide order dated 14.04.2023; such order being illegal is liable to be examined by this Court for the reason that the private respondent was the main culprit of the incident.

            As per impugned order, the private respondent was let-off by the police on the basis of investigation conducted by Joint Investigation Team. If the applicant is having a feeling that he has been let-off by the police without lawful justification then he has to make an application before learned trial Court for his joining after examining him and his witnesses, provided some material connecting him with the commission of incident is brought against him at trial.

            The instant Crl.Misc.Application is disposed of in above terms.

                                                                                                    JUDGE