ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-94 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

01. For orders on M.A.No.1785/2020 (U/A)

02. For orders on office objection “A”.

03. For orders on M.A.No.1786/2020 (E/A)

04. For hearing of main case.

14.05.2020.

Mr.Zafar Ali Malgani, Advocate for the applicant.

                                                            -.-.-.-.-.-.-.-.-

                        The applicant lodged an FIR against the accused Munawar Junejo, Asad Halepoto and Bashir Shar (who have not been made party before this Court perhaps knowingly), with  allegation that they by encroaching over his landed property, has taken away therefrom his crop, by threatening him of murder.

                        On investigation, such FIR of the applicant was recommended by the police to be cancelled under false “B” class.       It however, was cancelled under “C” class by learned 1^st Civil Judge & J.M, Larkana, vide his order 14.04.2020, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application under section 561-A Cr.PC.                   

                        It is contended by learned counsel for the applicant that learned trial Magistrate has cancelled the FIR of the applicant under “C” class without lawful justification, by way of impugned order, which is liable to be set aside with direction to trial Magistrate to take cognizance of the offence.

I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about 18 days that too after having recourse under section 22-A & B Cr.PC. As per impugned order, there is dispute between the parties over the landed property and such dispute is pending adjudication before the Civil Court having jurisdiction. In these circumstances, the police was right to recommend cancellation of FIR of the applicant under false “B” class, which has been cancelled by learned trial Magistrate under cancel “C” class, obviously by making favour to the applicant.

                        No case for making interference with the impugned order is made out. Consequently, the instant Crl.Misc.Application is dismissed in limine together with listed applications, with advice to the applicant to file a direct complaint of the incident, if he desires so.

J U D G E