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Petitioner: MUHAMMAD HUSSAIN and 7 others VS Respondent: ABDUL WAHID and 2 others
Court Name: Sindh High Court Judge(s): Bin Yamin Title: MUHAMMAD HUSSAIN and 7 others vs ABDUL WAHID and 2 others Case No.: Criminal Miscellaneous No,163 and M.A. 3218 of 2008 Date of Judgment:2008-08-12 Reported As: 2010 YLR 293 Result: Application dismissed
Judgment ORDER BIN YAMIN, J.---Learned counsel for applicants contends that respondent, No, 1 has filed false case against the applicants. His further contention is that the story of the case given in the application before the learned IInd Addl. Sessions Judge, Thatta, under section 22-A, Cr.P.C. For issuance of a direction to concerned S.H.O. To register the F.I.R. And the story given before the Police after registration of the case are quite different. He further contends that the time, place of incident and the witnesses cited in this case are also different from the one given before the learned IInd Addl. Sessions Judge, Thatta, therefore, no case has been made out against the applicants/accused. He, therefore requests that the application under consideration may kindly be admitted for regular hearing. However, the learned Advocate for applicants has candidly admitted that till date neither any challan has been filed before the court against the applicants nor he has approached any court under section 265-K, Cr.P.C. Etc., for acquittal of the accused. 2. I am of the opinion that the instant application cannot be entertained for two grounds viz., firstly, as the matter is still under investigation with the Police and Police has got ample power to declare the case false and get such report approved by the competent Magistrate, secondly, in this case, if challan is filed against the accused persons before the Court of Law, have the right to seek relief from the trial court by making application under section 265-K, Cr.P.C. Etc. Therefore, for the aforesaid reasons, I am of the opinion that this application cannot be admitted at this stage, therefore, the same is hereby dismissed in limine. However, the applicants will be at liberty to approach this court, if they fail to get the required relief from the subordinate court. ' The application stands disposed of.