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