ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Appln. No. S-357 of 2023

Date	Order with signature of Judge

1. For order on office objection.

2. For hearing of main case.

3. For hearing of M.A No. 4733/2023. (Stay Application)

Mr. Habibullah G. Ghouri, advocate for the applicant

Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State

Date of hearing:               12-02-2025.

Date of order:                   26-02-2025

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O R D E R

Omar Sial, J.- A joint team comprising officers from the Sindh Police and the Balochistan police set out for a targeted operation against wanted criminals Mitho Shah alias Majid Shah, Karim Baksh Jakhrani, and eighteen other persons. On 25.02.2023, a shoot-out between the two large groups of police and alleged dacoits occurred. One dacoit, Karim Buksh, died in this encounter. Subsequently, the police registered F.I.R. No. 130 of 2023 under sections 324, 353, 399, and 402 P.P.C. at the Saddar police station.

2.      The final report under section 173 Cr.P.C. was presented before the learned 2^nd Judicial Magistrate, Jacobabad. The learned Magistrate, however, while taking cognizance of the police encounter case, also took cognizance of offences under sections 302, 201, 202, 217, 148, and 149 P.P.C. against the thirty-four policemen who had taken part in the police encounter. It appears that this was done in a suo moto capacity.

3.      I have heard the learned counsel for the applicants and the learned Additional Prosecutor General. My observations and findings are as follows.

4.      In Mohammad Hanif vs The State (2019 SCMR 2029), the Supreme Court observed that “the law is settled by now that no court can insist that a Challan of a case must be submitted against any particular person and this legal position had been clarified by this Court in the case of Muhammad Cheema v. Mazhar Javaid and others (PLD 2007 SC 31). The said principle has also been reiterated by a Larger Bench of this Court in the recent case of Mst. Sughran Bibi v. The State (PLD 2018 SC 595).”

5.      Given the above, the learned Magistrate's directions regarding nominating the accused and further directing what sections of the law they should be charged under are set aside. Keeping in mind the concerns of the learned Magistrate, it would be appropriate at this stage if S.S.P. Jacobabad is requested to inquire into the matter and proceed further in accordance with the law. Let a copy of this order be sent to S.S.P. Jacobabad and the learned Additional Prosecutor General.

6.      Criminal misc. application stands disposed of.

                                                                   JUDGE