ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Misc. Appln. No.S-57    of  2019.

Date of Hearing

ORDER WITH SIGNATURE OF JUDGE

 21.02.2022.

1. For orders on office objection.

2. For hearing of Main Case.

Mr. Javed Ahmed Soomro, advocate for the applicant.

                        Mr. Ali Anwar Kandhro, Addl. P.G. 

                                                ---------------------

                        It is case of the applicant that the private respondents after having formed an unlawful assembly and in prosecution of their common object, by way of maltreatment threatened him and his witnesses to be killed for that he lodged FIR with P.S Sachal; it is cancelled under “C” class by learned 3^rd Judicial Magistrate, Larkana, vide order dated 29.01.2019, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application.

                        It is contended by learned counsel for the applicant that the learned trial Magistrate has cancelled FIR of the applicant without lawful justification by way of impugned order and such order being illegal is liable to be set aside.

                        None has appeared on behalf of private respondents despite of service of notices. However, learned Addl.P.G for the State by supporting the impugned order has sought for dismissal of instant Crl.Misc.Application.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about one day. The parties are appearing to be disputed over the possession of shop. The private respondents were found to be innocent and FIR lodged by the applicant on investigation was recommended by the police to be canceled under “C” class and it apparently has rightly been cancelled by learned trial Magistrate by way of impugned order, which is not calling for any interference by this Court by way of instant Crl.Misc.Application; it is dismissed according, leaving the applicant to file a direct complaint of the incident, if so is advised to him.

JUDGE