ORDER-SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT HYDERABAD

Criminal Miscellaneous Application No.S-206 of 2015

Date of hearing:                  03.12.2018.

Date of judgment:              03.12.2018.

Applicant:                            Rajib through Mr. Hussain Bux Solangi, advocate.

Respondent No.1, 2, 3&12:   Through Mr. Shahid Ahmed Shaikh, Deputy Prosecutor General, Sindh.

Respondents No.4to7&9to11:           Through Mr. Imtiaz Ali Channa, Advocate.

O R D E R

Fahim Ahmed Siddiqui, J: Through the instant criminal miscellaneous application, the applicant has questioned the impugned order dated 19.03.2015, passed by Civil Judge & Judicial Magistrate-I, Dadu, in crime No. 21 / 2015 for the offence under section 395, 454, 506[ii] PPC registered at PS B-Section, Dadu. Through the impugned order, the learned Magistrate has accepted the report u/s 173 Cr.P.C. and disposed of the case under ‘C’ Class.

2. I have heard the arguments advanced from either side and perused record produced before me. After edifying by the valued submissions made at bar and scanning the record, I have observed as under:-

a) The parties are known to each other and as per FIR, the applicant purchased the shop from the respondent Dilbar in the sum of Rs.5,00,000.00 [Rupees five hundred thousand only] and since such registered sale deed was not executed, the applicant filed a Civil Suit before the court of Senior Civil Judge, Dadu.

b) The parties are already at loggerhead and allegedly the incident is stated to have taken place on the said shop which, as stated, was purchased by the applicant from respondent Dildar.

c) As far as the breaking of locks of the shops, robbery and issuance of threats is concerned, the Investigating Officer during investigation has recorded the statements of so many persons and on the basis of which, he concluded that no such incident had taken place, hence, submitted final report suggesting the disposal of the case under ‘B’ class. After perusing the final report of the police, the learned Magistrate has disposed of the case under ‘C’ class.

d) During the course of investigation, the applicant did not raise any objection before any forum nor applied for re-investigation of the case.

e) No such documentary material showing the occupation of the shop by the applicant where incident is stated to have taken place. Even, the complainant did not produce any documentary proof of such kind before Magistrate or annexed in the instant proceedings.

3. In view of the above observation, I am of the opinion that the learned Magistrate, who is required to vigilantly assess the material, produced before him, has rightly concluded and disposed of the case under ‘C’ class. Consequently, instant criminal miscellaneous merits no consideration and is accordingly dismissed. Above are the reasons for my short order dated 03.12.2018.

JUDGE

*Abdullah Channa/PS*

Dated 06.12.2018