ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Misc. Application No. 788 of 2021

(Mst. Fakhra Tariq vs. Danish Bhatti and others)

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DATE ORDER WITH SIGNATURE OF JUDGE(s)

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Before: Irshad Ali Shah J.

For hearing of main case

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19.07.2022

Mr. Arshad Khan advocate for the applicant

Mr. Talib Hussain Memon Asstt. P.G

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It is alleged by the applicant that the private respondents who, with one unknown culprit took away her car, which they are not returning even after acceptance of Rupees Seven Lacs. By making such allegation, she lodged such FIR with PS Sharhah-e-Faisal Karachi. It on due investigation was recommended by the police to be cancelled under “C” class and was cancelled accordingly by learned XIX Judicial Magistrate, Karachi East vide order dated 03.06.2021, which is impugned by the applicant before this Court by preferring the instant Criminal Misc. Application.

It is contended by learned counsel for the applicant that learned trial Magistrate has passed the impugned order in slipshod manner it is liable to be set aside with direction to learned trial Magistrate to take cognizance of the incident/ offence.

None has come forward to advance arguments on behalf of private respondents. However, learned Assistant P.G for the State by supporting the impugned order has sought dismissal of instant Criminal Misc. Application.

Heard arguments and perused the record.

FIR of alleged incident has been lodged with delay of about four months, such delay having not been explained plausibly could not be overlooked. The parties apparently are disputed over settlement of Account and such dispute between them could adequately be resolved by Civil Court having jurisdiction. In these circumstances, learned trial Magistrate was right to order disposal of the subject FIR under “C” Class by way of impugned order, such order is not calling for any interference by this Court by way of instant Criminal Misc. Application, it is dismissed accordingly.

J U D G E