ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln. No.S-142 of 2018.

Date of hearing

Order with signature of Judge

1. For orders on office objection “A”.

2. For hearing of case

3. For hearing of M.A.No.1985/2018

22.11.2018.

                        Mr.Ahsan Ahmed Qureshi, Advocate for the applicant.

            Mr.Raja Imtiaz Ali Solangi, A.P.G.

                                Private  respondent  expressed  full  confidence  over  learned A.P.G

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                        The applicant by way of instant Crl.Misc.Applicatoin has impugned order dated 31.05.2018, passed by learned 3^rd Additional Sessions Judge/Ex-Officio Justice of Peace, Larkana, the operative part whereof reads as under;

“SHO Police Station Market, Larkana, is directed to record the statement of applicant, in accordance with law”.

                        The facts in brief necessary for disposal of instant Crl.Misc.Applicatoin are that the private respondent on account of failure of the applicant to return of his money, by making an allegation of criminal intimidation, by way of an application sought for direction against SHO P.S Market, Larkana to record his FIR, which was disposed of by learned 3^rd Additional Sessions Judge/Ex-Officio Justice of Peace, Larkana, by way of impugned order.

                        It is contended by learned counsel for the applicant that the impugned order being self contradictory could not be sustained. By contending so, he sought for its reversal.

                        Learned A.P.G did not support the impugned order.

                        I have considered the above arguments and perused the record.

                        The dispute between the parties was over transaction of money and the allegation of dire consequences could hardly constitute a cognizable offence. This aspect of the case was also noticed by learned 3^rd Additional Sessions Judge/Ex-Officio Justice of Peace, Larkana, in his order by making following observation;

“It is admitted fact that there is transactional issue between the parties and that the applicant has brought instant application on ground of non-payment of subject amount and issuing of threats of dire consequence to the applicant”.

After arriving at above said observation, there was hardly a need for learned 3^rd Additional Sessions Judge/Ex-Officio Justice of Peace, Larkana, to have directed the SHO P.S Market Larkana to record statement of the private respondent for the purpose of FIR. The impugned order being contradictory could not be sustained and it is set-aside.

                        The instant Crl.Misc.Applicatoin is disposed of accordingly.

JUDGE

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