ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-97 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

01. For orders on M.A.No.1863/2020 (U/A)

02. For orders on office objection “A”

03. For hearing of M.A.No.1864/2019 (E/A)

04. For hearing of main case.

21.05.2020.

Mr.Abdul Khaliq Bughio, Advocate for the applicant.

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

                        The applicant lodged FIR Crime No.11/2020, with P.S Kakar, alleging therein that the private respondents after having formed an unlawful assembly and in prosecution of their common intention, in order to satisfy their matrimonial dispute with him have put an attempt to abduct Mst.Shakeela and then caused butt blows to PWs Zafar and Mst.Rani, when they came to rescue Mst.Shakeela and then made their escape good leaving Mst.Shakeela behind.

                        On investigation, the police came to conclusion that PWs Zafar and Mst.Rani have sustained blows on account of their fall from the motorcycle and FIR has been lodged by the applicant only to satisfy his matrimonial dispute with the private respondents, therefore, a report for disposal of very FIR under “C” class was submitted by SHO, P.S, Kakar, and it was accepted accordingly by learned 1^st Civil Judge and Judicial Magistrate, Khairpur Nathan Shah, vide impugned order.

                        It is contended by learned counsel for the applicant that report of police was based on dishonest investigation; therefore, it was not to have been accepted by learned trial Magistrate. By contending so, he sought for setting aside of the impugned order with direction to police to conduct further investigation of the case.

                        Heard arguments and perused the record.

                        The FIR has been lodged with delay of about one day, which is not explained plausibly. None has been abducted. PWs Zafar and Mst.Rani are said to have sustained blows on account of their fall from the motorcycle. The parties are disputed over the matrimonial affairs. In that situation, the police was right to make recommendation for disposal of FIR of the applicant under “C” class, which has rightly been accepted by learned trial Magistrate by way of impugned order, which is not calling for  interference by this Court in exercise of its inherit jurisdiction. Consequently, the instant Crl.Misc.Application is dismissed in limine together with listed applications. However, the applicant may file a direct complaint of the alleged incident, if so is advised.

J U D G E