ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Application No.S- 316 of 2019

Date Order with Signature of Hon’ble Judge

For non-prosecution.

24-05-2019.

Mr. Mian Mumtaz Rabbani Advocate for the Applicant

Mr. Shafi Muhammad Mahar, DPG for the State

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1. Office objection is deferred.

2. The facts in brief necessary for disposal of instant application u/s 561-A Cr.P.C are that the applicant has lodged an FIR with PS Rohri with allegation that he has been caused dagger blows by Tahir Hussain at the instigation of Khalid Hussain and rest of the culprits have issued him threats of murder. On investigation, police submitted a report before learned 1^st Civil Judge & Judicial Magistrate Rohri for cancellation of such FIR under “B” class, same however was cancelled under “C” class by learned trial Magistrate with written consent of the applicant vide order dated 20-05-2014, which is impugned by the applicant before this Court by way of instant application u/s 561-A Cr.P.C.

3. The FIR of the incident has been lodged by the applicant with unexplained delay of six days, there was matrimonial dispute between the parties and the police on very fair investigation came to conclusion that the FIR is liable to be cancelled under “B” class, it however was cancelled under “C” class by learned trial Magistrate, such cancellation of his FIR was also consented by the applicant in writing through his counsel and such order the applicant has impugned before this Court after lapse five years. It is hit by latches. In these circumstances, it would be unjustified to examine such an order by this Court by way of instant application 561-A Cr.P.C. It is dismissed in limine.

Judge