ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

 

Cr. Misc. Application No.374 of 2023

(Moulvi Nazeer Ahmed vs. The State)

Date                           Order with signature of Judges

 

1.                  For orders on M.A. No.6813/2023 (U/A)

2.                  For orders on office objection a/w reply as at flag “A”

3.                  For orders on M. A. No.6814/2023 (Exp/A)

4.                  For hearing of main case

 

13.06.2023

            Syed Khurram Kamal, advocate for applicant

            -----------------------------------

 

The applicant by making the instant criminal miscellaneous application under section 561-A, Cr.PC has impugned order dated 09.05.2023, whereby report of the police for disposal of FIR Crime No.41/2023 under sections 147, 148, 149, 452, 436, 382 and 295, PPC of P.S. Gadap under “C” Class was accepted by learned XII Judicial Magistrate, Malir Karachi. 

It is contended by learned counsel for the applicant that learned trial Magistrate has passed the impugned order in slipshod manner without applying the judicial mind therefore it is to be examined by this Court.

Heard arguments and perused record.

The FIR of the incident has been lodged with unexplained delay of about one day. The 161 Cr.PC statements of the PWs have been recorded with further delay of one day even to FIR; such delay could not be overlooked. As per police report the applicant has not been able to produce the documents which may prove his ownership over the subject Maddressah. In these circumstances, learned trial Magistrate was right to accept the report of the police for disposal of the subject FIR under “C” Class by way of impugned order, which is not found illegal to be interfered with by this Court.

In view of above, the instant criminal miscellaneous application is dismissed in limine together with the listed application(s), directing the applicant to have a recourse u/s 200, Cr.PC, if so is advised to him.

 

 

 

             J U D G E