ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Misc. Application No. S-662 of 2022

(Abid Ali Buriro & another Vs. The State)

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

1. For hearing of main case.

2. For hearing of MA No. 5776/2022 (Stay/A)

24-02-2023.

Mr. Muhammad Hamzo Buriro, advocate for the applicants. Mr. Shahid Ali K.Memon advocate for private respondent. Mr. Shafi Muhammad Mahar, DPG for the State.

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1. The applicants by way of instant Crl. Misc. Application have impugned an order dated 06-12-2020 whereby learned 1^st Additional Sessions Judge/Ex-Officio Justice of Peace, Sukkur, has directed SHO PS Patni to record the statement of the private respondent in terms of section 154 Cr.P.C

2. Heard arguments, perused the record.

3. The application whereby the direction for recording FIR of the incident was sought by the private respondent, was second in serious, earlier one was filed by his father, it was withdrawn. Apparently, there is dispute between the parties over the lease agreement, it is registered one, same is said to have been obtained by practicing fraud and cheating; a suit in that respect is pending adjudication before the Civil Court having jurisdiction, until and unless such fraud and cheating is proved or otherwise, no criminal proceedings for such incident in terms of section 195(C) Cr.P.C could be launched under the garb of criminal intimidation; consequently impugned order is set aside.

4. The instant Crl. Misc. Application is disposed of accordingly.

Judge

Nasim/P.A