ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Misc. Appln. No.  339 of 2021.

Date of hearing

Order with signature of Judge

16.12.2022.

1.         For orders on office objections.

2.         For hearing of main case.

Mr. Habibullah G. Ghouri, Advocate holding brief for Mr. Shakeel Ahmed G. Ansari, Advocate for applicant.

Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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            From perusal of record it reflects that the F.I.R was registered under Sections 506 (2), 337-H (2), 147, 148 and 149 P.P.C. After conducting the investigation the case was disposed of by the investigation officer under “C” class and same was approved by the learned Magistrate.

            From perusal of impugned order it reveals that, learned Magistrate while agreeing with police report observed that no incriminating evidence come on record aginast the accused persons except instant F.I.R and statement of eyewitness (family members). The complainant has tried to lodge this F.I.R against the accused persons to pressurize and harass them in main case, which is pending before the learned trial Court, so it is prime duty of the Court to stop false and managed litigation of the parties therefore, he has disagreed from result of final report submitted by investigation officer, hence, he has the final report under C-class. The nominated all accused persons are discharged from this case. SHO/ SIO of police station Garhi Yasin is directed to dispose of this F.I.R with red pen in concerned book.

            No illegality or irregularity appears to have been committed by the learned Magistate while passing the impugned order; as such the application in hand being merit less is hereby dismissed. However, the applicant would be at liberty to file a direct complaint of the matter, if so advised.

                                                              Judge

Ansari