Order Sheet

IN THE HIGH COURT OF SINDH,

BENCH AT SUKKUR

Cr. Misc. Application No.S-820 of 2021

Date	Order with signature of Judge

1. For Orders on office objection.

2. For hearing of main case.

14-01-2022.

Mr. Muhammad Mithal Lohar, advocate for the applicant.

Mr. Maqsood Ahmed Leghari advocate for private respondents

Mr. Khalil Ahmed Maitlo, Deputy Prosecutor General.

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Through the instant Crl. Misc. Application, the applicant has impugned the order dated 13-11-2021 passed by learned Additional Sessions Judge/Ex-Officio Justice of Peace Kandiaro on the application filed by the applicant for registration of FIR against the respondents Nos. 5 to 7, which was dismissed; hence applicant filed the instant application.

Learned counsel for the applicant has contended that the application u/s 22A & B Cr.P.C for registration of FIR filed by the applicant against the respondents Nos. 5 to 7 was dismissed by the learned Additional Sessions Judge/Ex-Officio Justice of Peace Kandiaro; that proposed accused persons have committed the robbery of mobile phone and cash amount from the applicant while driving the motorcycle and then applicant approach the SHO PS Mehrabpur for registration of his FIR, who refused to record the statement of applicant and then applicant files such application or registration of FIR, which was also dismissed; that proposed accused have committed the cognizable offence and learned Judge without considering reports, passed the impugned order in hasty manner, hence he prays for setting aside the impugned order.

Learned DPG for the State as well as learned counsel for respondent Nos. 5 to 7 support the impugned order. Learned counsel for the respondents No. 5 to 7 submits photocopy of receipt with the name of Sanam Communication along CNIC copy of applicant which shows that he sold his mobile at the shop of respondent No.7.

I have heard learned counsels for the parties and have perused the material available on record.

Perusal of impugned order shows that prior to filing application for registration of FIR before the Ex-Officio Justice of Peace Kandiaro, the applicant has approached to SSP Naushahro Feroze in the month of October, 2021 after four months of the alleged incident alleged as the incident was taken place on 20-05-2021 while the application for registration of FIR was filed by the applicant on 01-11-2021 with the day of more than five months. Record reflects that applicant himself collected the CDR record without reporting the matter to the police authorities, which shows that he himself investigated the matter is which purely against the domain of police, which shows that applicant wants to involve his opponents for the reasons best known to him. The dispute between the parties over a mobile phone as also admitted to which learned counsel for the respondent No.7 submitted photocopy of receipt with the name of Sanam Communication along CNIC copy of applicant which shows that applicant himself has sold his mobile at the shop of respondent No.7 on 29-05-2021. Generally the parties have made a practice to humiliate and disgrace their opponents by filing such application by managing a false story. It appears that applicant has not approached with clean hands. Thus the impugned order passed by learned Additional Sessions Judge/Ex-Officio Justice of Peace Kandiaro is within the four corners of law and does not require any interference, hence the instant Crl. Misc. Application stands dismissed.

Judge

Nasim/P.A

Order Sheet

IN THE HIGH COURT OF SINDH,

BENCH AT SUKKUR

Cr. Misc. Application No.S-613 of 2020

Date	Order with signature of Judge

For hearing of main case.

16-09-2021.

Mr. Jamshed Ahmed Faiz, advocate for the applicant.

Syed Srdar Ali Shah Rizvi, Additional Prosecutor General.

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Through the instant Crl. Misc. Application, the applicant has impugned the order dated 06-10-2020 passed by IInd Civil Judge & J.M Kandiaro and order dated 23-10-2020 passed by learned Additional Sessions Judge Kandiaro on the application filed by the applicant for constituting Special Medical Board to exhume/discover the dead body of deceased Saleem for examination and post mortem to ascertain the cause of death of deceased.

Learned counsel for the applicant has contended that filed application u/s 176 Cr.P.C before the learned IInd Civil Judge and J.K Kandiaro for exhumation of grave of deceased Saleem for examination and postmortem, which was dismissed vide order dated 06-10-2020 and then applicant filed such revision, which was also dismissed by learned Additional Sessions Judge, Kandiaro, hence the applicant has impugned the said orders and filed the instant application for the said purpose, therefore, he prayed that such application may be allowed.

Learned APG for the State has supported the impugned order.

I have perused the material available on record, which reveals that on 28-06-2020 the applicant has shown apprehension of murder of his son, but from 28-06-2020 till 24-09-2020, he remained silent in respect of apprehension of murder of his son and during such long period the applicant has not moved any application before any forum. Record reflects that applicant filed application for lodging of the FIR complaint in respect of murder of his son before the SSP Naushahro Feroze, the same forwarded to DSP Complaint Redressal Cell Naushahro Feroze for conducting enquiry and action, but no order has submitted by the applicant passed on the said application. The impugned orders passed by concerned Judicial Magistrate and Additional Sessions Judge Kandiaro are within the four corners of law and does not require any interference.

In view of above, the instant Crl. Misc. Application stands dismissed.

Judge

Nasim/P.A