ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-247 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

 

01.For orders on M.A.No.2415/2020 (U/A)

02.For orders on office objection at Flag “A”

03.For hearing of M.A.No.2416/2020 (Ex/A)

04.For hearing of main case.

05.For Orders on M.A No. 2417/2020.

 

08-06-2020.

 

            Mr. Irshad Ali Ghanghro, Advocate for the applicant.

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

 

1.        The facts in brief necessary for disposal of instant Crl. Misc. Application are that the applicant lodged an FIR with PS Mirwah alleging therein that the private respondents by committing trespass in his house have committed rape with his daughter Mst. Samreen. On investigation such FIR was found to be false and was recommended by the police to be cancelled under false “B” class and it was cancelled accordingly by learned Civil Judge and Judicial Magistrate Mirwah vide his order dated 21-05-2020 which is impugned by the applicant before this Court by way of instant Crl. Misc. Application.

2.        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 learned trial Magistrate to take the cognizance of the offence.

3.        Heard arguments and perused the record.

4.        The FIR has been lodged on 5th day of incident, such delay having not been explained plausibly could not be over looked as same is reflecting consultation and deliberation. As per DNA report swabs and clothes of the victim were not found containing Male DNA/Semen stain/sperm fraction. Parties as per impugned order were having recorded enmity with each other. In these circumstances, the police on investigation was right to make recommendation for cancellation of FIR of the applicant under false “B” class, such recommendation 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.

5.        Consequent upon above discussion, the instant Crl. Misc. Application is dismissed in limine together with listed applications.

 

                                                                                    J U D G E

Nasim/P.A