ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Misc. Appln. No. S-294 of 2021.

Date                            Order with signature of Hon’ble Judge

1.For orders on office objection as flag A.

2.For hearing of  main case.                       

21.02.2022.

Mr.  Muhammad Afzal Jagirani, advocate for the applicant.

Mr. Amanullah Luhur, Advocate for proposed accused.

Mr.Ali Anwar Kandhro, Addl.P.G for the State.

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            The applicant by way of instant Crl.Misc.Application has impugned order dated that 07.09.2021, passed by learned Additional Sessions Judge/Ex-Officio Justice of Peace, Kashmore, whereby his application for issuance of direction against the police to record his FIR against the proposed accused was dismissed.

                        It is contended by learned counsel for the applicant that proposed accused have committed robbery of buffaloes of the applicant, which constitutes a cognizable offence, therefore, learned Ex-Officio Justice of Peace, ought not to have dismissed the application of applicant by way of impugned order, such order being illegal is liable to be set aside.

                        Learned Addl.P.G for the State and learned counsel for the proposed accused have sought for dismissal of the instant Crl.Misc.Application by supporting the impugned order by contending that there is dispute between the parties over possession of cattle-pond.               

                        I have considered the above arguments and perused the record.

                        The serious allegation of robbery of buffaloes is levelled against the proposed accused; which constitutes a cognizable offence and it could not be lost sight of in summarily manner on the basis of report of the police that there is dispute between the parties over possession of cattle-pond; therefore, the impugned order is set aside. Consequently, SHO P.S Kashmore is directed to record statement of the applicant for purpose of the FIR and then to make its disposal in accordance with law.

                        The Instant Crl.Misc.Application is disposed of accordingly.

JUDGE