ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl.Misc.Appln.No.D-16 of 2022.

DATE

OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objections ‘A’.

2. For orders on M.A.No.5397/2023.

3. For hearing of main case.

26.04.2023

Mr. Irshad Hussain Dharejo, Advocate for the applicants.

=*=*=*=*=*=*=*=*=

1. Deferred.

2 & 3. The applicants by way of instant Crl.Misc.Application under Section 561-A Cr.PC have impugned order dated 23.11.2023, passed by learned Judge, Anti Terrorism Court, Larkana, whereby they have been joined in trial as accused in case outcome of FIR Crime No.36/2021, U/S.302, 324, 353, 224, 225, 404, 427, 148, 149 r/w Section 6/7 ATA, 1997, of P.S Bakapur Larkana.

It is contended by learned counsel for the applicants that the applicants on the basis of very honest investigation have been let off by the police finding them to be innocent; therefore, they ought not to have been joined in trial as accused by learned trial Court; as such the impugned order being illegal is liable to be set aside.

Heard arguments and perused the record.

The applicants are named in the FIR with active participation in the incident. Whatever is stated in FIR takes support from 161 Cr.PC statements of the witnesses; those have been disbelieved by the investigating officer of the case on the basis of statements of the persons who apparently were having no relevancy with the case of the prosecution. In these premises, learned trial Court was right to join the applicants as accused to face trial in above said case, on filing of application under Section 193 Cr.PC by the private respondent being widow of the deceased; such order is not found to be illegal to be interfered with by this Court by way of instant Crl.Misc.Application; it is dismissed in limine, leaving the applicants to prove their innocence by joining the trial, if so is advised to them.

JUDGE