ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Cr. Misc. Application No. S- 47 of 2022
Date of hearing |
Order with signature of Judge |
1. For orders on MA No.972/2021. U/A.
2. For orders on office objection-A.
3. For orders on MA No. 973 of 2022. E/A.
4. For hearing of main case.
10.03.2022.
Mr. Atta Hussain Qadri, advocate for the applicant.
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The facts in brief necessary for disposal of instant Crl.Misc.Application are that the applicant by making allegation of criminal intimidation and mischief, attempted to lodge FIR against the private respondents by filing application u/s.22-A & B Cr.PC; it was dismissed by learned 1st Additional Sessions Judge/Ex-Officio Justice of Peace, Shikarpur, vide order dated 05.01.2022, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC.
It is contended by learned counsel for the applicant that the cognizable offence has taken place; therefore, learned Ex-Officio Justice of Peace ought not to have dismissed the application of the applicant by way of impugned order; such order being illegal is liable to be set aside by this Court with direction to SHO, P.S Mian-Jo-Goth to record statement of the applicant for purpose of FIR.
Heard arguments and perused the record.
The dispute between the parties apparently is over the fish pond. If for the sake of arguments, it is believed that the incident as alleged by the applicant has actually taken place and for that her FIR is not being recorded by the police then she has an alternate and adequate remedy to exhaust by having a recourse u/s.200 Cr.PC before the Magistrate, having jurisdiction. No illegality in the impugned order is apparent, which may justify this court to make interference with it, by way of instant Crl.Misc.Application u/s.561-A Cr.PC; it is dismissed in limine together with listed applications.
J U D G E
No illegality is found in the impugned order. The appellant has an alternate remedy by way of filing Direct Complaint. Instant criminal miscellaneous application is dismissed in limine.
J U D G E
Syd Ashfaq/-.
ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Cr. Misc. Application No. S- 42 of 2022
Date of hearing |
Order with signature of Judge |
1. For orders on MA No.962/2021. U/A.
2. For orders on office objection-A.
3. For orders on MA No. 963of 2022. E/A.
4. For hearing of main case.
10.03.2022.
Mr. Zafar Ali Malgani, advocate for the applicant.
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Facts in brief necessary for disposal of instant Crl.Misc.Application are that the applicant by making allegation of criminal intimidation and making aerial firing to create harassment, after having recourse u/s.22-A & B Cr.PC lodged FIR against the private respondents with P.S Civil Line, Jacobabad; such FIR after due investigation was recommended by the police to be cancelled under false “B” class and it was cancelled accordingly by learned 1st Judicial Magistrate, Jacobabad, vide order dated 25.01.2022, which is impugned by the applicant before this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC.
It is contended by learned counsel for the applicant that the investigation was dishonest; therefore, learned Judicial Magistrate ought not to have cancelled FIR of the applicant under false “B” class; therefore, the impugned order being illegal is liable to be set aside by this Court with direction to learned trial Magistrate to take cognizance of the offence.
Heard arguments and perused the record.
The FIR of the incident has been lodged with delay of about 17 days; such delay could not be overlooked; the parties are already disputed with each other over the landed property. The applicant cannot be permitted to allege the opinion of the police to be dishonest only for the reason that it gone against him. In these circumstances, learned trial Magistrate was right to cancel the FIR of the applicant under false “B” class by way of impugned order, which is not calling for any interference by this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC; it is dismissed in limine together with listed applications.
J U D G E
ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Cr. Jail Appeal No. S- 10 of 2020
Cr. Jail Appeal No. S- 11 of 2020
Cr. Jail Appeal No. S- 12 of 2020
Date of hearing |
Order with signature of Judge |
For hearing of main case.
10.03.2022.
Mr. Imdad Ali Malak, advocate for the appellants.
Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State.
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Mr. Farhat Ali Bugti, advocate holding brief on behalf of Mr. Ali Nawaz Ghanghro, advocate for the respondents requesting for time by stating that the latter is out of station.
Adjourned to 28.4.2022.
J U D G E
Syd Ashfaq/-.