ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

    Crl. Misc. Appln. No.S-79  of 2021.

         

DATE

OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

1.   For orders on office objection ‘A’.

2.   For hearing of M.A.No.1387/2021.

3.   For hearing of main case.

10.03.2022

 

                   Mr. Gulshan R. Dayo, advocate for the applicant.

Mr. Muhammad Hassan Arain, Advocate for private respondent.

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

 

                                      -.-.-.-.-.-

 

                   The facts in brief necessary for disposal of instant Crl.Misc.Application are that the private respondent by making allegation of robbery, is intended to lodge FIR against the applicant and others by making an application u/s.22-A & B Cr.PC; it was allowed by learned 1st Additional Sessions Judge/Ex-Officio Justice of Peace, Larkana, vide order dated 09.03.2021, 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 no incident as alleged by the private respondent has taken place; the private respondent is intending to involve the applicant in a false case only to settle his dispute with his relative Noorullah. By contending so, he sought for setting aside of the impugned order.

          Learned Addl.P.G for the State did not support the impugned order. However, learned counsel for the private respondent by supporting the impugned order has sought for dismissal of the instant Crl.Misc.Application by contending that the alleged incident has taken place and innocence of the applicant could only be proved on registration of FIR and investigation.

          Heard arguments and perused the record.

          As per police report, no incident as alleged by the private respondent has taken place; such report has not been considered by learned Ex-Officio Justice of Peace, without assigning any reason. The applicant has pleaded his involvement in a false case on the part of private respondent malafidely. In these circumstances, the impugned order is set aside with direction to private respondent to have recourse u/s.200 Cr.PC before the Magistrate, having jurisdiction, if so is advised to him.

                   The instant Crl.Misc.Application is disposed of together with listed application.                                                                JUDGE

                                                                     

 

 

 

 

mpugned order dated.09.03.2021 passed by learned I-Additional Sessions Judge/Ex-Officio Justice of Peace Larkana in Crl. Misc. Application No.303 of 2021, is set aside with direction to respondent to file direct complaint if need be.

 

                                                                                                   Judge