Order Sheet

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Application No.S-874 of 2021

Date	Order with signature of Judge

1. For hearing of main case.

2. For hearing of MA No. 6976/2021.

17-01-2022.

Mr. Nizamuddin Soomro, advocate for the applicant.

Mr. Muhammad Tariq Panhwar, advocate for respondent No.3.

Mr. Aftab Ahmed Shar, Additional Prosecutor General.

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Through the instant Crl. Misc. Application, the applicant has impugned the order dated 08-12-2021 passed by learned Additional Sessions Judge/Ex-Officio Justice of Peace Daharki on the application filed by respondent No.3 for registration of FIR against the applicant, which was allowed; 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 respondent No.3 against the applicant was allowed; that blank chques of the applicant were missed in City Daharki at unknown place and such NC report kept at police station and the said chques were found by the respondent No.3 who is now demanding illegal amount, otherwise no such cognizable offence has taken place.

Learned counsel for the respondent No.3 submits that applicant had obtained loan amount from respondent No.3 and issued a cheque, which was presented before the concerned Bank, but the same was dishonor, hence the applicant has committed the fraud with respondent No.3, therefore, he is liable to be prosecuted.

Learned APG for the State also supports the impugned order.

I have heard learned counsel for the parties and have gone through the material available on record.

Record reflects that report was called from DSP Compliant Redressal Centre Ghotki which reflects that applicant had issued a cheuqe amounting to Rs. 750,000/- in favour of the respondent No.3, which were presented before the concerned Bank, but the same were dishonored, as such the respondent No.3 filed application for registration of FIR, which was allowed. Since the ingredients of section 489-F PPC are very much attracted, therefore the impugned order is maintained and instant Crl. Misc. Application is 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