ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Misc. Appln. No.S-272 of 2017

Date of hearing

Order with signature of Judge

 

01. For orders on M.A.No.3434/2020 (U/A)

02. For orders on M.A.No.3435/2020 (E/A)

03. For orders on M.A.No.3442/2020(Contempt Appln). 

 

24.08.2020.

Mr. Noushad Ali Taggar, Advocate for the applicant.   

Mr. Ali Anwar Kandhro, Addl. Prosecutor General,

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

01.                 Urgency granted.

02.                 Exemption granted subject to all just exception.

03.                 It is the contempt application. On being asked, what kind of failure is indicated on the part of the alleged contemnors to make them liable for initiating contempt proceedings? It is stated by learned counsel for the applicant that they have not complied with order dated 23.02.2018, passed by this Court on account of their failure to record FIR of the applicant.

                        The operative part of order dated 23.02.2018, passed by this Court reads as under;

“In the existing position of affairs, the instant application is disposed of with directions to the S.S.P Larkana, that if he has a reason to believe that some cognizance offence is made out, then he may deal with the matter in accordance with law. However, this order does not mean specifically that an FIR/case should be registered.”            

                        The sentence which is used in end of the above said order, prima facie indicates that the direction for recording FIR of the applicant was not mandatory, which may justify initiating the contempt proceedings against the alleged contemnors, who as per learned A.P.G for the State were not even posted at Larkana at the time when the above said order was passed by this Court.

                        The listed application being misconceived is dismissed accordingly.

                                                                                        J U D G E